West Bengal's Preventive Detention Bills Raise Constitutional Concerns Under Article 22

Hindustan Times - India · 28 Jun 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

West Bengal introduces two bills allowing 12-month preventive detention without trial and property confiscation for 'anti-social activities', mirroring controversial laws in other states and raising fundamental rights concerns under Article 22.

Key points

West Bengal Public Safety Bill 2026 permits preventive detention for up to 12 months without trial, with provisions for repeated detentions, directly challenging constitutional safeguards under Article 22.

Maintenance of Public Order Bill 2026 allows confiscation and auction of offenders' property to compensate losses, raising due process concerns under Article 300A (right to property).

[GS2-Polity] The bills' broad definition of 'anti-social activities' includes obstruction of business and unlawful dispossession, potentially enabling misuse against political opponents or activists.

Advisory Boards composed of High Court judges will review detentions, but proceedings remain confidential and legal representation is restricted, limiting judicial oversight.

[GS3-Security] The laws specifically target illegal mining and forest produce theft in Birbhum and West Burdwan, addressing regional security concerns but through constitutionally questionable means.

Claims Commissions established under the bills will have final authority on property confiscation awards, bypassing regular judicial review processes.

The bills mirror Uttar Pradesh's Gangsters Act and Gujarat's PASA, continuing a trend of states expanding preventive detention powers post-Bharatiya Nyaya Sanhita implementation.

With BJP holding 207/294 assembly seats, passage is likely despite TMC opposition citing lack of judicial safeguards and potential for abuse.

This connects to GS2 (Federalism) as it highlights state legislatures' power to enact stringent laws within constitutional boundaries, testing Centre-state relations.

Way Forward: West Bengal should incorporate judicial review mechanisms, narrow the definition of 'anti-social activities', establish time-bound detention reviews, and ensure property confiscation follows due process under existing laws like CrPC.

Key terms

Article 22

Constitutional safeguard against arbitrary detention, requiring communication of grounds, right to counsel, and mandatory review by advisory boards within 3 months. Its dilution through state laws raises fundamental rights concerns for UPSC's polity syllabus.

Preventive Detention

Executive power to detain individuals to prevent future offenses, distinct from punitive detention. UPSC relevance lies in its tension with civil liberties and judicial oversight mechanisms under constitutional governance.

Bharatiya Nyaya Sanhita

Replaced IPC in 2023, containing Sections 111-112 on organized crime. These provisions are referenced in the WB bills, showing how new central laws enable stricter state legislation.

Anti-social Activities

Broadly defined in the bill to include economic disruptions and property disputes. For UPSC, this exemplifies legislative overreach risks when vague definitions grant excessive executive discretion.