Article 22 of Indian Constitution
Article 22 of the Indian Constitution is part of the Fundamental Rights enshrined in Part III, and it provides protection for individuals in case of arrest and detention. It specifically deals with protection of rights of arrested persons and preventive detention.
Here is a breakdown of Article 22:
đź“Ś Text of Article 22 (in simplified form)
Clause (1) & (2): Rights of a person arrested under ordinary law
(1) Every person who is arrested shall have:
the right to be informed of the reasons for their arrest,
the right to consult and be defended by a legal practitioner of their choice.
(2) Every person who is arrested and detained must:
be produced before a magistrate within 24 hours,
not be detained beyond 24 hours without the magistrate's approval.
Clause (3) & (4): Exceptions and Preventive Detention
(3) These rights (in clauses 1 and 2) do not apply to:
enemy aliens, or
persons arrested under preventive detention laws.
(4) No person can be held under preventive detention for more than 3 months unless:
an Advisory Board (made up of judges of a High Court) reports that detention is justified.
Clause (5): Grounds of detention
A person detained under preventive detention has the right to:
be informed of the grounds for detention,
make a representation against it.
However, the government may withhold facts if it feels disclosure is against public interest.
Clause (6) & (7): Exceptions and Parliament’s power
(6) The State is not bound to disclose facts it considers against public interest.
(7) Parliament can:
prescribe the circumstances under which preventive detention can extend beyond 3 months,
define the powers and procedures of the Advisory Board.
⚖️ Key Concepts Explained
Preventive Detention: Holding someone without a trial to prevent them from committing an offense in the future.
Advisory Board: A special body comprising judges that reviews cases of long-term preventive detention.
đź“š Landmark Case: A.K. Gopalan v. State of Madras (1950)
This was the first major case interpreting Article 22. The Supreme Court held that preventive detention laws, though harsh, were constitutional if they followed Article 22.
🚨 Criticism of Article 22
It is often criticized for being against civil liberties, especially the preventive detention provisions.
Detainees can be held without trial, which raises concerns about misuse by authorities.
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