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Advisory Board (Preventive Detention)

Constitutional & Public Law Doctrines

Definition

A constitutional tribunal mandated by Article 22(4) consisting of persons qualified to be High Court judges, to which every preventive detention order exceeding three months must be submitted for an independent review of the sufficiency of grounds.

Example

If the State detains a person under a preventive law for five months without placing the detention records before an Advisory Board within the mandatory statutory period, the detention becomes unconstitutional.