What is Article 22?
By Balaji
Updated on: March 28th, 2023
Article 22 is comprised of two main parts, the first part deals with the protection and guaranteed rights in case of arbitrary arrest or punitive detention. The second part deals with the protection of rights in the matter of preventive detention. Article 22 of the Indian Constitution is one of the fundamental rights (Articles 12-35) which are for all citizens of the country. It is a part of the Right to Freedom, which is one of the fundamental rights guaranteed by our Constitution.
Table of content
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1. Article 22 of the Indian Constitution
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2. Article 22: Safeguarding Against Unlawful Detention
Article 22 of the Indian Constitution
Article 22 is one of the fundamental rights of our constitution which is guaranteed to all citizens. Article 22 of the Constitution of India deals with the detention and protection of the rights of prisoners irrespective of their citizenship. This article is extended to all those in the country- citizens or non-citizens.
The main objectives of Article 22 are:
- It protects against detention and arrest in specific cases
- It provides the detained with procedural safety measures
- It prevents arbitrary detentions or arrests.
Article 22: Safeguarding Against Unlawful Detention
Article 22 has several clauses under it that provide protection from unjust arrest and detention. Some of the important precautionary provisions have been given below:
- Article 22(1) states that any person detained must know why they have been arrested. He cannot be deprived of his right to counsel or legal representation.
- Article 22(2) states that the person detained/arrested must be produced before a judicial magistrate 24 hours before the arrest.
- Article 22 (3) states that clauses (1) and (2) shall apply to all those who are
- Enemy alien (for the time being)
- Detained/arrested under any law for preventive detention
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