What is Article 22 in the Constitution of India 1949?

By Devyani Singh|Updated : July 20th, 2022

Article 22 of the Indian Constitution is one of the fundamental rights (article 12-35) that are extended to all citizens of the country. It is a part of the right to freedom, one of the fundamental rights guaranteed by our constitution. 

This article is covered in two main parts. The first part deals with protection and rights guaranteed in the case of arbitrary arrest or punitive detention. The second part deals with safeguarding rights in case of preventive detention. 

What is the Article 22 of the Indian Constitution?

Article 22 is one of our constitution's fundamental rights guaranteed to all citizens. Article 22 deals with detention and safeguarding the rights of the detainees, despite 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 has several clauses under it. Some of the important ones are; 

  • Article 22 (1) states that any individual taken into custody must know why they are arrested. he/she cannot be denied the right to counsel or legal representation. 
  • Article 22 (2) states that the detained/arrested individual must be presented to a judicial magistrate before 24 hours of their arrest is completed. 
  • 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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FAQs about What is Article 22?

  • Article 22 safeguards the rights of life and liberty under circumstances of arrest or detention. 

  • Article 22 states that social, economic, and cultural rights cannot be segregated from human dignity and the development of an individual’s personality. This appears again in Article 29, which highlights the Universal Declaration of Human Rights (UDHR). It not only envisaged a guarantee to the bare minimum but to help us all become better people.

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