India is the largest democracy in the world, but the law of preventive detention has brought upon plight to India’s democracy. Woefully the law of preventive detention has its place in the Indian Constitution too. India’s unresolved issues with its neighbouring countries have harmed it by the terrorist activities caused by terrorists, and the obligation to maintain public order has paved a path for the laws of preventive detention to prevail in India even after 75 years of Independence. The laws of preventive detention are a threat to human rights, which are mentioned in the form of fundamental rights in the Indian Constitution. The paper precisely focuses on the historical background, present condition, necessity and drawbacks of preventive detention laws in India and the solutions for it.
