History & Civics
Article 20 provides for Protection in Respect of Conviction for offences. In this respect answer the following:
(a) What protections are available to the citizens against conviction?
(b) What is meant by Preventive Detention? State the right of citizens in this respect.
(c) Explain the limitations of the Right to Protection.
Constitution
237 Likes
Answer
(a) Under Article-20 the following protections are available to a citizen:
- Greater penalty than what is prescribed under the law is prohibited.
- No one can be punished or prosecuted for the same offence twice.
- A person cannot be compelled to be a witness in the case where he himself is accused of the offence.
(b) Preventive detention means keeping a person in custody on the grounds of the suspicion that some wrong actions may be done by the person concerned which will be prejudicial to the State. In case a person is detained under Preventive Detention he can be kept in custody for a period of three months without trial. Such a person has the following rights
- Prevention Detention does not mean that a person stands accused. It is only a precautionary measure.
- Detention beyond three months can be extended only by an Advisory Board constituted for the purpose and consisting of a judge of the High Court.
- Grounds of detention have to be specified and the detainee informed of these grounds. He also has the right to make representation against the detention order.
(c) The Right to protection has following limitations:
- Public Interest - The authority or the State can take recourse to public interest and refuse to disclose the grounds of detention.
- Power of the Parliament - The legislature or the Parliament has the power to specify the maximum period of Preventive Detention.
Answered By
144 Likes
Related Questions
With reference to the Fundamental Rights answer the following:
(a) Why are the Fundamental Rights so called?
(b) State their three characteristic features.
(c) Briefly explain the components of the Right to Equality.
With reference to inclusion of Right to Freedom in the Indian Constitution, state the following:
(a) State any three freedoms given under Article 19.
(b) What do these freedoms imply?
(c) Explain the restrictions imposed on these rights.
With reference to the Right to Constitutional Remedies, answer the following question:
(a) How has this right been given legal sanction?
(b) Why is this right important?
(c) Explain how writs issued by courts enforce this right.
With reference to Fundamental Rights, answer the following questions:
(a) What are the components of the Right to Education?
(b) How is the Right to Information an implied Fundamental Right?
(c) Write a short note on Right to Privacy.