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Article 22 Video Lecture - Indian Polity for UPSC CSE
FAQs on Article 22
| 1. What is the significance of Article 22 in the Indian Constitution? |  |
Ans. Article 22 of the Indian Constitution provides protection against arrest and detention in certain cases. It ensures that no person can be detained without being informed of the grounds for such arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours of arrest. This article is crucial in safeguarding individual liberty and preventing arbitrary detention.
| 2. What are the rights granted under Article 22 of the Indian Constitution? | |
Ans. Article 22 grants several rights, including the right to be informed of the grounds of arrest, the right to consult and be represented by a legal practitioner, and the right to be produced before a magistrate within 24 hours. Additionally, it provides protection against preventive detention, limiting the duration of such detention without obtaining the opinion of an advisory board.
| 3. How does Article 22 protect individuals from preventive detention? | |
Ans. Article 22 specifically addresses preventive detention by stipulating that a person cannot be detained for more than three months unless an advisory board approves the detention. The article mandates that the detained person must be informed of the grounds for detention and allowed to make a representation against it, thus ensuring a check on the powers of the state.
| 4. Are there any exceptions to the rights provided under Article 22? | |
Ans. Yes, Article 22 includes exceptions. The rights granted under this article do not apply to individuals detained under preventive detention laws, enemy aliens, or those arrested or detained under any law providing for preventive detention. These exceptions are established to address national security and public order concerns.
| 5. Can the provisions of Article 22 be suspended? | |
Ans. Yes, the provisions of Article 22 can be suspended during a national emergency as declared under Article 352 of the Constitution. In such cases, the rights of individuals regarding arrest and detention may be limited, allowing the government to take necessary actions for the security and integrity of the nation.
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Apr 18, 2026 Last updated
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