Preventive Detention and Constitutional Rights: Analyzing West Bengal's New Public Safety Bills

The West Bengal Legislative Assembly recently passed the West Bengal Public Safety and Control of Anti-Social Activities Bill, 2026, alongside the West Bengal Maintenance of Public Order (Amendment) Bill, 2026. While aimed at maintaining law and order, these legislations have triggered a significant constitutional debate regarding the balance between state security and individual liberty. The Public Safety Bill empowers the state government to detain individuals classified as "desperate and dangerous" for up to one year without trial. The most contentious provision is Section 10(4), which restricts a detained person's right to be represented by a legal practitioner before the advisory board. Critics argue this directly conflicts with Article 22 of the Indian Constitution, which outlines safeguards against arbitrary arrest and detention. Specifically, Article 22(1) guarantees the right to consult and be defended by a legal practitioner of one's choice, although Article 22(3) permits exceptions for preventive detention. However, the complete denial of legal representation before an advisory board raises serious concerns about procedural due process and natural justice.