Article 22 of Indian Constitution

Category: Education

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Article 22 of Indian Constitution-Article 22 grants protection to the person who are arrested or detained.detention is of two types, Namely, punitive, and ..


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hari June 10 2020 Article 22 of Indian Constitution IntroductionArticle 22 of Indian Constitution Article 22 of Indian constitution grants protection to the person who are arrested or detained. detention is of two types Namely punitive and preventive. punitive detention is to punish a person for an offence committed by him after trial and conviction in a court. preventive detention on the other hand means detention of a person without trial and conviction by a court. its purpose is not to punish a person for a past offence but to prevent him from committing an offence in the near future. thus preventive detention is only a precautionary measure and based on suspicion. Article 22 of Indian Constitution Article 22 of Indian Constitution has two parts- The first a part of article 22 of Indian constitution confers the subsequent rights on a person who is arrested or detained below an ordinary law: 1. Right to be informed of grounds of arrest. 2. Right to consult and be defended by a legal practician. 3. Right to be produced before a magistrate among 24 hours excluding the journey time. 1 / 3

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4. Right to be released after 24 hours unless the magistrate authorises any detention. These safeguards aren’t available to an alien or a person arrested or detained below preventive detention law. the supreme court also ruled that the arrest and detention within the first a part of Article 22 don’t cover arrest under the orders of a court civil arrest arrest on failure to pay the income tax. deportation of an alien. they apply only to an act of a criminal or quasi-criminal nature or some activity prejudicious to the general public interest. The second part of article 22 of Indian constitution grants protection to persons who are arrested or detained below a preventive detention law. this protection is available to each citizen also as aliens and includes the following: 1. The detention of a person cannot exceed three months unless an advisory board reports enough cause for extended detention. the board is to contain judges of a high court. 2. The grounds of detention should be communicated to the detainee. however the facts considered to be against the public interest needn’t be disclosed. 3. The detainee should be afforded a chance to form a representation against the detention order. Article 22 of Indian Constitution Article 22 of Indian Constitution also authorises the parliament to prescribe The circumstances and therefore the classes the cases within which a person is detained for more than three months under a preventive detention law without getting the opinion of an advisory board The maximum period that a person can be detained in any classes of cases under a preventive detention law. The procedure to be followed by an advisory board in an enquiry. 2 / 3

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The 44th amendment act of 1978 has reduced the period of detention while not without the opinion of an advisory board from 3 to 2 months. However this provision has not yet been brought into force hence the original period of 3 months still continues. The Indian constitution has divided the legislative power with respect to preventive detention between the parliament and therefore the state legislatures. The parliament has exclusive authority to form a law of preventive detention for reasons connected with defence foreign affairs and therefore the security of India. Both the parliament also as the state legislature will concurrently create a law of preventive detention for reasons connected with the security of a state the maintenance of public order and therefore the maintenance of provides and services essential to the community. The preventive detention laws made by the parliament are:- 1. preventive detention act 1950. expired in 1969. 2. Maintenance of internal security Act MISA1971. Repealed in 1978. 3. Conservation of foreign exchange and prevention of smuggling activities ActCOFEPOSA1974. 4. National security Act NASA1980. 5. Prevention of black marketing and maintenance of supplies of essential commodities ActPBMSECA1980. 6. terrorist and disruptive activities prevention act TADA1985. Repealed in 1995. 7. prevention of illicit traffic in narcotic drugs and psychotropic substances act PITNDPSA1988. 8. Prevention of terrorism act POTA 2002. Repealed in 2004. Criticism of preventive detentionArticle 22 of Indian Constitution Preventive detention has been mentioned in the constitutional provisions which make it an exception as no other democratic country in the world has included preventive detention as an integral part Read More …. 3 / 3

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