Article 22 of the Indian Constitution: UPSC 2025 Polity Notes

Actual Article

Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases. It is a significant provision that aims to ensure that the State respects individual liberty and follows due process of law. Article 22 is divided into seven clauses, each outlining specific rights and protections:

1. Clause (1): No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
2. Clause (2): Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
3. Clause (3): Nothing in clauses (1) and (2) shall apply to—
   (a) any person who for the time being is an enemy alien; or
   (b) any person who is arrested or detained under any law providing for preventive detention.
4. Clause (4): No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless—
   (a) an Advisory Board constituted of persons who are, or have been, or are qualified to be appointed as Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention.
5. Clause (5): When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
6. Clause (6): Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
7. Clause (7): Parliament may by law prescribe—
   (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a longer period than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);
   (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
   (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

UPSC Notes for Article 22

• Objective: To provide safeguards against arbitrary arrest and detention and to ensure that the State adheres to due process.
• Key Provisions:
• Right to be informed of grounds of arrest: Ensures transparency and allows the arrested person to prepare a defense.
• Right to consult and be defended by a legal practitioner: Fundamental to fair legal representation.
• Production before a magistrate: Prevents illegal detention by ensuring judicial oversight.
• Preventive detention clauses: While providing for national security and public order, they include safeguards to prevent misuse.
• Significance: Balances individual freedoms with state security needs, ensuring that personal liberty is not unduly compromised by the State’s actions.

Important Cases and Commissions Related to Article 22

• A.K. Gopalan vs. State of Madras (1950): Initially, the Supreme Court took a narrow view of personal liberty and due process.
• Maneka Gandhi vs. Union of India (1978): Overruled A.K. Gopalan, expanding the interpretation of personal liberty and emphasizing the need for fair and reasonable procedures.
• Joginder Kumar vs. State of UP (1994): Highlighted the need for transparency and procedural safeguards in arrest and detention, reinforcing the principles of Article 22.

Important Reports Related to Article 22

• Law Commission of India Reports: Various reports have recommended reforms in the criminal justice system to strengthen the safeguards against arbitrary arrest and detention.
• National Human Rights Commission (NHRC) Reports: Regularly address issues related to arrest and detention, advocating for better protection of individual rights.

Previous Year Prelims Questions Related to Article 22

1. Prelims 2021:

• Which of the following statements is/are correct regarding Article 22 of the Indian Constitution?
  1. It provides protection against arrest and detention in certain cases.
  2. It includes provisions related to preventive detention.
  • (a) 1 only
  • (b) 2 only
  • (c) Both 1 and 2
  • (d) Neither 1 nor 2
  • Answer: (c) Both 1 and 2

1. Prelims 2015:

• Under which article of the Constitution is a person’s right to be informed of the grounds of arrest provided?
  • (a) Article 19
  • (b) Article 20
  • (c) Article 21
  • (d) Article 22
  • Answer: (d) Article 22

Previous Year Mains Questions Related to Article 22

1. Mains 2018:

• Discuss the safeguards provided under Article 22 of the Indian Constitution against arbitrary arrest and detention. How effective are these safeguards in practice?

1. Mains 2016:

• Explain the provisions related to preventive detention in the Indian Constitution. How does the judiciary ensure that these provisions do not violate fundamental rights?

Article 22 is crucial for protecting individuals from arbitrary arrest and ensuring due process of law. It balances the need for state security with the protection of personal liberty, reflecting the Constitution’s commitment to justice and fairness. Understanding these provisions and their judicial interpretations is essential for UPSC aspirants preparing for both prelims and mains examinations.