In this Post, You know about Article 22 Of Indian Constitution In English. If you do not know about what is Article 22, then this post you will give you complete information about that Indian Constitution Article.
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Article 22 Of Indian Constitution In English
Article 22 – Protection against arrest and detention in certain cases.
(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) 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) Nothing in clauses ( 1 ) and ( 2 ) shall apply (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless.(a) an Advisory Board consisting 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) 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) 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) 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 period longer 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 ) Right against Exploitation.
Article 22 In English
22 Article – Protection against arrest and detention in certain cases.
(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) 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.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 22 Of Indian Constitution?
In Article 22 you see “Protection against arrest and detention in certain cases” that means No person arrested shall be detained or deprived of his right to be consulted and defended by his legal practitioner without being informed, as soon as may be, of the reasons for such arrest. Like. etc above…
Article 22 Debate Summary
The draft article provided safeguards for persons arrested or detained, and also created exceptions for persons subject to preventive detention. The chairman of the drafting committee said that the draft Article 15A was introduced to compensate for the omission of ‘due process’ from the draft Article 15 (Article 21).
He declared that this new draft article transformed statutory safeguards for detainees into constitutional guarantees to protect individual liberty from arbitrary action. Some members felt that the draft article did not go far enough. One proposed several amendments, one of which gave the accused the right to be defended by a lawyer of his choice.
He argued that this was necessary to bring the draft article in line with the existing statutory provisions. This was accepted by the assembly. The members pointed out that the provisions relating to the advisory board were vague and did not include guidelines for its functioning or safeguards for the rights of detained persons.
In response to these concerns, the Chairman proposed to amend clause (4) to give Parliament the power to make laws to determine the procedure to be followed by the Advisory Board. This was accepted by the assembly. The amended draft Article was adopted on 16 September 1949.
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