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| What is Article 22 of Indian constitution |
Article 22 of the Indian Constitution provides protection of rights for arrested persons, especially in the case of preventive detention. It ensures legal safeguards when a person is taken into custody.
📜 Text of Article 22 (in brief)
It has two parts:
✅ Rights for persons arrested under ordinary laws (Clauses 1 & 2):
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Right to be informed of the reason for arrest.
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Right to consult a lawyer of choice.
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Right to be produced before a magistrate within 24 hours of arrest.
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Right not to be detained beyond 24 hours without the magistrate’s permission.
These are basic legal safeguards against wrongful arrest.
🚫 Exceptions for Preventive Detention (Clauses 3 to 7):
People detained under preventive detention laws (i.e., without trial, on suspicion of future crime) do not enjoy all rights mentioned above.
Key points:
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No right to consult a lawyer immediately.
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No need to be produced before a magistrate within 24 hours.
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Maximum period of preventive detention without Advisory Board approval: 3 months.
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Advisory Board (with High Court judges) must review detention beyond 3 months.
🔍 What is Preventive Detention?
Preventive detention means detaining a person in advance to prevent them from committing a crime, not for something they’ve already done.
🛑 Preventive Detention Laws in India:
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National Security Act (NSA), 1980
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Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974
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Unlawful Activities Prevention Act (UAPA)
⚖️ Summary Table
| Provision | Ordinary Arrest | Preventive Detention |
|---|---|---|
| Informed of grounds | ✅ Yes | ❌ No immediate right |
| Right to lawyer | ✅ Yes | ❌ Not guaranteed |
| Produce before magistrate | ✅ Within 24 hours | ❌ Not required |
| Max detention without approval | ❌ Needs magistrate’s order | ✅ 3 months max without board |
🧠 Landmark Case:
A.K. Gopalan v. State of Madras (1950)
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Court upheld preventive detention laws but now interpreted more narrowly after Maneka Gandhi case (1978) to ensure fairness.
📝 In Simple Words:
Article 22 protects your legal rights if arrested, and also governs how and when the State can detain someone to prevent future crimes. It balances individual liberty with national security.
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