Article 22 of the Indian Constitution: Protection of Rights in Case of Arrest & Detention
Introduction
Article 22 of the Indian Constitution provides protection to individuals in case of arrest and detention. It guarantees fundamental rights to people who are arrested, ensuring that no person is unlawfully detained. This article is a crucial safeguard against arbitrary arrest and preventive detention, balancing individual liberty with national security.
Text of Article 22
"No person who is arrested shall be detained in custody without being informed of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice."
Explanation of Article 22
Article 22 provides two types of protections:
- Protection Against Arbitrary Arrest (Clauses 1 & 2)
- Provisions for Preventive Detention (Clauses 3 to 7)
Key Provisions of Article 22
1. Protection Against Arbitrary Arrest (Clauses 1 & 2)
✅ Right to be Informed of Grounds of Arrest – The arrested person must be informed about why they are being arrested.
✅ Right to Legal Representation – The arrested person has the right to a lawyer of their choice.
✅ Right to be Presented Before a Magistrate – The person must be brought before a magistrate within 24 hours.
✅ No Detention Beyond 24 Hours Without Court Approval – If police want to extend detention, they must get judicial approval.
These provisions apply to all persons except those detained under preventive detention laws.
2. Preventive Detention (Clauses 3 to 7)
❌ A Person Can Be Detained Without Trial – The government can detain individuals without formal charges if they are considered a threat to public order, national security, or foreign relations.
❌ Maximum Detention Period Without Advisory Board – A person can be detained for up to 3 months without the approval of an Advisory Board.
❌ Advisory Board Review – If detention exceeds 3 months, an Advisory Board (headed by a High Court judge) must approve the detention.
❌ Parliament’s Power to Decide Duration – Parliament can pass laws to extend detention beyond 3 months if required.
Landmark Supreme Court Cases on Article 22
| Case Name | Judgment |
|---|---|
| A.K. Gopalan v. State of Madras (1950) | Upheld preventive detention but ruled that it should not violate fundamental rights. |
| Maneka Gandhi v. Union of India (1978) | Stated that personal liberty cannot be curtailed arbitrarily, strengthening protection under Article 22. |
| Kartar Singh v. State of Punjab (1994) | Validated preventive detention under anti-terror laws, but said it must follow due process. |
Importance of Article 22
✅ Prevents Arbitrary Arrests – Ensures that no person is jailed without legal justification.
✅ Safeguards Personal Liberty – Protects the rights of every citizen in cases of arrest and detention.
✅ Balances National Security & Individual Rights – Allows preventive detention only under strict conditions.
✅ Ensures Judicial Oversight – Courts play a role in preventing misuse of detention powers.
Challenges & Issues in Implementation
❌ Misuse of Preventive Detention Laws – Governments have used laws like the National Security Act (NSA) and Unlawful Activities (Prevention) Act (UAPA) to silence dissent.
❌ Long Periods of Detention Without Trial – Many detainees spend years in jail without a trial.
❌ Lack of Legal Aid – Poor and marginalized people often do not get proper legal assistance.
❌ Use of Preventive Detention for Political Purposes – Sometimes, governments detain individuals for political reasons rather than security concerns.
Conclusion
Article 22 is a vital constitutional safeguard that protects citizens from unlawful arrest while allowing the government to detain individuals in exceptional cases. However, preventive detention laws must not be misused to curtail individual freedoms. Strengthening judicial oversight, transparency, and legal aid can help prevent human rights violations while maintaining national security.
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