Podcast
Questions and Answers
What right does Article 22(1) of the Indian Constitution confer to a person arrested under an ordinary law?
What right does Article 22(1) of the Indian Constitution confer to a person arrested under an ordinary law?
Who is not entitled to the safeguards provided in Article 22(1) of the Indian Constitution?
Who is not entitled to the safeguards provided in Article 22(1) of the Indian Constitution?
What does Article 22(2) of the Indian Constitution protect against?
What does Article 22(2) of the Indian Constitution protect against?
Which of the following rights is NOT conferred by Article 22(1) to a detained individual under ordinary law?
Which of the following rights is NOT conferred by Article 22(1) to a detained individual under ordinary law?
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Who is eligible for the protections provided in Article 22(2) of the Indian Constitution?
Who is eligible for the protections provided in Article 22(2) of the Indian Constitution?
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Study Notes
Article 22(1) Rights
- Confers the right to consult and be defended by a legal practitioner of choice for individuals arrested under ordinary law.
- Ensures protection against arbitrary arrest and detention, reinforcing personal liberty.
Exemptions from Article 22(1) Safeguards
- Individuals arrested under preventive detention laws are not entitled to the safeguards provided in Article 22(1).
- This exclusion highlights a significant difference in protections for ordinary arrests versus preventive detention situations.
Article 22(2) Protections
- Protects against arbitrary detention by mandating that an arrested person must be produced before a magistrate within 24 hours of arrest.
- Prevents prolonged detention without judicial oversight, reinforcing the rule of law and personal freedoms.
Rights NOT Conferred by Article 22(1)
- The right to be released on bail is NOT specifically conferred by Article 22(1).
- Article 22(1) primarily focuses on the right to legal counsel and not the guarantee of bail.
Eligibility for Article 22(2) Protections
- Protections are applicable to all persons arrested, including those detained under ordinary laws.
- The provisions ensure that anyone arrested has the fundamental right to challenge detention in a timely manner.
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Description
Explore the provisions of Article 22 of the Indian Constitution regarding protection in cases of arrest and detention. Learn about preventive detention without trial, and punitive detention after trial and conviction. Understand the rights conferred by Article 22(1) to individuals arrested under ordinary laws.
