Preventive detention representation must be considered by the Government independently of the Advisory Board, whenever it is made.

Article 22(5) requires the appropriate Government to consider a detenue's representation against preventive detention independently of the Advisory Board's role. That constitutional duty arises as soon as the representation is received and is not limited to representations made before reference to the Board. The Government is not merely a forwarding authority; it must first examine the representation and then place it before the Board for its own consideration. The timing of the representation does not reduce the safeguard, and failure by the Government to consider it vitiates the detention order.

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Issues: Whether the appropriate Government is constitutionally obliged to consider a detenue's representation against a preventive detention order, and whether that obligation continues even when the representation is made after the case has been referred to the Advisory Board.

Analysis: Article 22(5) guarantees the right to be furnished with grounds of detention and the earliest opportunity to make a representation. The scheme of Article 22, read with the Preventive Detention Act, makes the detaining Government's duty to consider that representation distinct from the Advisory Board's function. The Government is not a mere transmitting authority. The representation must be considered by the appropriate Government as soon as it is received, and thereafter placed before the Advisory Board for its own consideration. The timing of the representation does not alter this obligation, because the constitutional safeguard is not confined to representations made before reference to the Board. The statutory provisions dealing with furnishing grounds, receiving representations, constituting the Board, and the power to revoke or modify detention all support this interpretation.

Conclusion: The appropriate Government must consider the detenue's representation whether it is made before or after reference to the Advisory Board. Failure to do so vitiates the detention order.

Ratio Decidendi: The constitutional right to make a representation against preventive detention includes a mandatory right to have that representation considered by the appropriate Government independently of, and in addition to, consideration by the Advisory Board, regardless of when the representation is made.

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