Preventive detention laws represent an extraordinary exercise of state power, allowing detention without trial. Indian courts have historically balanced the state's interest in public order and security against the protection of individual personal liberty guaranteed under Article 21 and Article 22 of the Constitution.
This chapter traces the evolution of judicial scrutiny in preventive detention jurisprudence, assessing how courts respond to political dissent, protest rights, and procedural safeguards in preventive custody statutes.