Safeguards against Preventive Detention :

Article 22 (amended by the 44th Constitution Amendment Act, 1978) contains following safeguards against preventive detention:

(a) such a person cannot be detained for a longer period than three months unless:

(i) An Advisory Board constituted of persons who are or have been or are qualified to be High Court judges has reported, before the expiration of the said period of three months that there is, in its opinion sufficient cause for such detention.

(ii) Parliament may by law prescribe the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention and the procedure to be followed by an Advisory Board.

(b) The authority ordering the detention of a person under the preventive detention law shall:

(i) communicate to him, as soon as may be, the grounds on which the order for his detention has been made, and

(ii) afford him the earliest opportunity of making the representation against the order.

It may, however, be noted that while the grounds for making the order are to be supplied, the authority making such order is not bound to disclose those facts which it considers to be against the public interest.