.JPG) |
| 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):
1. Right to be
informed of the reason for arrest.
2. Right to
consult a lawyer of choice.
3. Right to be
produced before a magistrate within 24 hours of
arrest.
4. 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:
- No
right to consult a lawyer immediately.
- No
need to be produced before a magistrate within 24 hours.
- Maximum
period of preventive detention without Advisory Board
approval: 3 months.
- 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:
- National
Security Act (NSA), 1980
- Conservation
of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA),
1974
- 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)
- 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.
MCQs on Article 22 – Protection of
Certain Rights in Matters of Arrest and Detention
Article 22 of the Indian
Constitution primarily deals with which of the following?
A) Right to Equality
B) Protection of certain rights in matters of arrest and detention
C) Right against exploitation
D) Freedom of speech and expression
Answer: B
Explanation: Article 22 gives rights to persons who are arrested under
ordinary law and preventive detention, ensuring protection against arbitrary
arrest.
Under Article 22, a person arrested
under ordinary law must be produced before a magistrate within how many hours?
A) 12 hours
B) 24 hours
C) 48 hours
D) 72 hours
Answer: B
Explanation: As per Article 22(2), the arrested person must be produced
before a magistrate within 24 hours of arrest, excluding travel time.
Which of the following is NOT a
safeguard under Article 22 for a person arrested under ordinary law?
A) Right to be informed of the grounds of arrest
B) Right to consult a legal practitioner
C) Right to free legal aid
D) Right to vote during detention
Answer: D
Explanation: Article 22 guarantees the first three safeguards but does
not provide a right to vote during detention.
Preventive detention under Article
22 can be ordered for a maximum period of how many months without the approval
of an Advisory Board?
A) 1 month
B) 2 months
C) 3 months
D) 6 months
Answer: C
Explanation: Preventive detention beyond 3 months requires
approval of an Advisory Board consisting of judges of a High Court.
Which constitutional amendment
increased the maximum period of preventive detention from 3 months to 12 months
in certain cases?
A) 42nd Amendment
B) 44th Amendment
C) 69th Amendment
D) 15th Amendment
Answer: A
Explanation: The 42nd Amendment Act (1976) extended the maximum period
of preventive detention in certain cases to 12 months.
Who appoints the members of the
Advisory Board for preventive detention cases under Article 22?
A) President of India
B) Chief Justice of India
C) Governor of the State
D) Chief Justice of the concerned High Court
Answer: D
Explanation: Members of the Advisory Board are judges of a High Court
appointed by the Chief Justice of that High Court.
Preventive detention laws in India
can be made by:
A) Only Parliament
B) Only State Legislatures
C) Both Parliament and State Legislatures
D) Only Supreme Court
Answer: C
Explanation: Both Parliament and State Legislatures can make laws on
preventive detention as it is in the Concurrent List.
Which of the following central law
deals with preventive detention in India?
A) Indian Penal Code (IPC)
B) Code of Criminal Procedure (CrPC)
C) Preventive Detention Act, 1950
D) National Security Act, 1980
Answer: D
Explanation: The National Security Act, 1980 is the main central
law dealing with preventive detention at present.
Article 22 applies to:
A) Citizens only
B) Non-citizens only
C) Both citizens and non-citizens
D) Armed forces personnel only
Answer: C
Explanation: The rights under Article 22 are available to both citizens
and non-citizens, but subject to certain exceptions for enemy aliens.
Which Article allows preventive
detention even during peacetime?
A) Article 20
B) Article 21
C) Article 22
D) Article 19
Answer: C
Explanation: Article 22 explicitly allows preventive detention even in
normal times, not just during emergencies.
Which of the following statements
about Article 22 is correct?
A) It is a Fundamental Right under Right to Freedom
B) It applies only to citizens
C) It abolishes preventive detention
D) It is a Directive Principle of State Policy
Answer: A
Explanation: Article 22 is a Fundamental Right under Part III – Right
to Freedom (Articles 19–22), and it provides safeguards against arbitrary
arrest.
What is the maximum period for
which Parliament can prescribe preventive detention without an Advisory Board's
opinion during a national emergency?
A) 6 months
B) 9 months
C) 12 months
D) Unlimited
Answer: C
Explanation: In certain cases, Parliament can prescribe preventive
detention up to 12 months without Advisory Board approval during
emergencies.
Which of the following laws was the
first preventive detention law in independent India?
A) Maintenance of Internal Security Act (MISA)
B) Preventive Detention Act, 1950
C) National Security Act, 1980
D) Unlawful Activities (Prevention) Act, 1967
Answer: B
Explanation: The Preventive Detention Act, 1950 was the first
preventive detention law, but it expired in 1969.
Preventive detention is mentioned
in which list of the Seventh Schedule?
A) Union List only
B) State List only
C) Concurrent List
D) Not mentioned in any list
Answer: C
Explanation: Preventive detention is in the Concurrent List,
meaning both Parliament and State Legislatures can legislate on it.
The maximum period for preventive
detention under the National Security Act (NSA) without Advisory Board approval
is:
A) 30 days
B) 60 days
C) 90 days
D) 180 days
Answer: C
Explanation: Under NSA, a person can be detained for up to 3 months
(90 days) without the Advisory Board’s approval.
Which of the following rights is
NOT given to a person under preventive detention?
A) Right to know the grounds of detention
B) Right to be produced before a magistrate within 24 hours
C) Right to consult a legal practitioner
D) Right to challenge detention before a court
Answer: B
Explanation: Under preventive detention, the requirement to produce
before a magistrate within 24 hours does not apply.
Who has the power to extend
preventive detention beyond the initial period prescribed in the law?
A) Prime Minister
B) Home Minister
C) Advisory Board
D) Supreme Court
Answer: C
Explanation: The Advisory Board, consisting of High Court judges,
can approve the extension of preventive detention.
Which of the following is NOT an
example of preventive detention law in India?
A) COFEPOSA Act, 1974
B) TADA Act, 1987
C) MISA Act, 1971
D) Indian Evidence Act, 1872
Answer: D
Explanation: The Indian Evidence Act, 1872 is about rules of evidence
and not related to preventive detention.
Article 22(7) empowers Parliament
to:
A) Define preventive detention laws
B) Prescribe maximum period of detention without Advisory Board approval
C) Lay down conditions under which preventive detention beyond 3 months is
permissible
D) All of the above
Answer: D
Explanation: Article 22(7) gives Parliament all these powers regarding
preventive detention.
The concept of preventive detention
in India was borrowed from:
A) USA
B) UK
C) USSR
D) France
Answer: B
Explanation: Preventive detention provisions were inspired by the UK’s
Defence of Realm Acts and similar wartime laws.
MCQs on Article 22 – Part 3
Which of the following is NOT true
about preventive detention under Article 22?
A) It can be enforced during peacetime
B) It requires judicial trial before detention
C) It allows detention without trial
D) It needs Advisory Board approval for extension beyond 3 months
Answer: B
Explanation: Preventive detention does not require a judicial trial
before detention; it is based on suspicion of possible future offences.
In India, preventive detention can
be ordered for a maximum period of how many months under normal conditions?
A) 3 months
B) 6 months
C) 12 months
D) 24 months
Answer: C
Explanation: Under laws like the National Security Act, preventive
detention can last up to 12 months under normal conditions with
approval.
Which of the following rights is
guaranteed under Article 22(1) for persons arrested under ordinary law?
A) Right to free and compulsory education
B) Right to be informed of the grounds of arrest
C) Right to vote
D) Right to work
Answer: B
Explanation: Article 22(1) guarantees the right to be informed of the
grounds of arrest for those arrested under ordinary law.
Which one of the following does NOT
fall under the scope of preventive detention?
A) Detention to prevent smuggling
B) Detention to prevent terrorist activities
C) Detention to prevent illegal foreign exchange transactions
D) Detention as punishment after conviction
Answer: D
Explanation: Detention after conviction is punitive detention, not
preventive detention.
The National Security Act, 1980
allows preventive detention for up to:
A) 30 days
B) 90 days
C) 6 months
D) 12 months
Answer: D
Explanation: Under the NSA, detention can be for up to 12 months
with Advisory Board approval.
Which Article of the Indian
Constitution allows Parliament to make laws prescribing maximum preventive
detention periods?
A) Article 20(3)
B) Article 21(2)
C) Article 22(7)
D) Article 23(1)
Answer: C
Explanation: Article 22(7) specifically empowers Parliament to prescribe
maximum preventive detention periods.
Who has the final say on extending
preventive detention beyond the prescribed limit in the Constitution?
A) Supreme Court
B) Parliament
C) Advisory Board
D) President of India
Answer: B
Explanation: Parliament can extend the period beyond 3 months, as
provided in Article 22(7).
Preventive detention is intended
to:
A) Punish the offender
B) Prevent the commission of a possible offence
C) Provide immediate justice to victims
D) Replace criminal trial
Answer: B
Explanation: Preventive detention is meant to prevent possible offences,
not punish past ones.
Who can order preventive detention
in India?
A) Only the President
B) Only the Prime Minister
C) Competent authority under law (both central and state)
D) Only Chief Justice of India
Answer: C
Explanation: The competent authority under relevant central or state
laws can order preventive detention.
Which landmark Supreme Court case
upheld the constitutionality of preventive detention in India?
A) A.K. Gopalan v. State of Madras
B) Kesavananda Bharati v. State of Kerala
C) Maneka Gandhi v. Union of India
D) Golaknath v. State of Punjab
Answer: A
Explanation: A.K. Gopalan v. State of Madras (1950) upheld
preventive detention provisions in the Constitution.
Which fundamental right is directly
linked with Article 22?
A) Article 19
B) Article 21
C) Article 20
D) Article 16
Answer: B
Explanation: Article 22 is closely linked with Article 21 (Right to Life
and Personal Liberty).
Which of the following is NOT a
preventive detention law?
A) COFEPOSA Act, 1974
B) National Security Act, 1980
C) TADA Act, 1987
D) Indian Penal Code, 1860
Answer: D
Explanation: IPC is a penal law, not a preventive detention law.
Preventive detention without trial
violates which principle of natural justice?
A) Audi alteram partem
B) Res judicata
C) Nemo judex in causa sua
D) Res ipsa loquitur
Answer: A
Explanation: “Audi alteram partem” means ‘hear the other side’, which is
bypassed in preventive detention.
Which constitutional provision
allows Parliament to prescribe different maximum preventive detention periods
for different cases?
A) Article 22(4)
B) Article 22(5)
C) Article 22(7)
D) Article 22(3)
Answer: C
Explanation: Article 22(7) allows Parliament to fix different periods
for different cases.
Under preventive detention, which
group of people can be detained for a longer period in some laws?
A) Minors
B) Enemy aliens
C) Government servants
D) Teachers
Answer: B
Explanation: Enemy aliens can be detained for longer under certain laws.
Preventive detention laws are most
often justified on the grounds of:
A) Economic equality
B) National security and public order
C) Labour welfare
D) Judicial independence
Answer: B
Explanation: Preventive detention is mainly justified for national
security and maintenance of public order.
Which Article states that a person
cannot be detained beyond the period prescribed by law?
A) Article 20
B) Article 21
C) Article 22(7)
D) Article 22(4)
Answer: D
Explanation: Article 22(4) ensures that no person is detained beyond the
legal maximum.
Under Article 22(5), what must be
communicated to a person detained preventively?
A) Date of trial
B) Grounds of detention
C) Bail amount
D) List of witnesses
Answer: B
Explanation: Article 22(5) mandates that the grounds of detention
must be communicated to the detainee.
What is the primary criticism of
preventive detention in India?
A) It is too lenient
B) It allows detention without trial
C) It is not applicable to foreigners
D) It is never used in practice
Answer: B
Explanation: The main criticism is that it allows detention without
trial, raising concerns about misuse.
Which body reviews the cases of
preventive detention?
A) Law Commission of India
B) Advisory Board of High Court Judges
C) Supreme Court
D) Parliament Committee
Answer: B
Explanation: The Advisory Board of High Court judges reviews
detention cases.
Preventive detention laws are often
challenged under which Articles?
A) Articles 14, 19, 21, and 22
B) Articles 15 and 16
C) Articles 25 and 26
D) Articles 32 and 226 only
Answer: A
Explanation: They are challenged for violating equality, freedom, and
personal liberty provisions.
Which Act replaced the Preventive
Detention Act, 1950 after its expiry?
A) MISA Act, 1971
B) COFEPOSA Act, 1974
C) National Security Act, 1980
D) There was a gap with no direct replacement
Answer: D
Explanation: After the Preventive Detention Act expired in 1969, there
was no immediate replacement; later NSA was introduced in 1980.
Preventive detention under COFEPOSA
deals mainly with:
A) Foreign exchange violations and smuggling
B) Religious conversions
C) Environmental crimes
D) Election offences
Answer: A
Explanation: COFEPOSA (1974) targets smuggling and foreign exchange
violations.
The term ‘preventive detention’
means:
A) Confining a person after conviction
B) Confining a person to prevent possible future offences
C) Confining a person for civil dispute
D) Confining a person for contempt of court
Answer: B
Explanation: Preventive detention is about preventing future possible
offences.
Preventive detention is often
compared with which controversial wartime power in Britain?
A) Defence of the Realm Acts
B) Magna Carta
C) Habeas Corpus Act
D) Human Rights Act
Answer: A
Explanation: The Defence of the Realm Acts inspired preventive detention
provisions.
Which Article protects enemy aliens
from certain rights under preventive detention?
A) Article 19
B) Article 20
C) Article 22(3)
D) Article 23
Answer: C
Explanation: Article 22(3) exempts enemy aliens from certain safeguards.
The grounds for preventive
detention must be:
A) Secret from the detainee
B) Communicated to the detainee
C) Destroyed after 24 hours
D) Published in a newspaper
Answer: B
Explanation: Grounds must be communicated so the detainee can make a
representation.
Preventive detention powers during
peacetime are considered by many as:
A) An essential safeguard
B) An undemocratic feature of the Constitution
C) A financial necessity
D) A state subject
Answer: B
Explanation: Critics see preventive detention during peacetime as
undemocratic.
Which Article allows representation
against detention to the Advisory Board?
A) Article 22(4)
B) Article 22(5)
C) Article 22(6)
D) Article 22(7)
Answer: B
Explanation: Article 22(5) allows the detainee to make a representation
against detention.
In the Constitution, preventive
detention was initially limited to a maximum of:
A) 6 months
B) 9 months
C) 12 months
D) 15 months
Answer: A
Explanation: Originally, preventive detention was limited to 6 months,
but laws later extended it to 12 months in certain cases.
.jpg)
Follow Us