The second provision relates to certain changes in the Federal and Concurrent Legislative Lists. According to item 1 of List I, the Centre has power of preventive detention for reasons of state connected with defence, external affairs or relations with acceding States; but executive power to deal with actual detenus rests with the Provinces because ‘persons subjected to preventive detention under Dominion authority’ is item 34 of the Concurrent List. On the other hand, item 1 of the Provincial Legislative List gives power to Provinces both for preventive detention for reasons connected with the maintenance of public order and for persons subjected to such detention. There is no reason why this differentiation between the powers of the Central Government and of the Provincial governments to deal with their respective detenus should be maintained. The Bill, therefore, provides for persons subjected to detention under Central authority being subjected also to the executive control of the Centre. This has been done by suitably amending paragraph 1 of the Federal Legislative List.
