Article 22
Article 22 concerns itself with the protection against arrest and also detention in specific cases.
i. This article covers citizens as well as non citizens of the country.
ii. This provision has specific procedural safety measures for people in arrest cases.
iii. This article is considered after arrest of a person. This article in no way means right against detention as well as arrest.
iv. The motive of this article is to prevent everyone from arbitrary arrest and also detention.
v. The article provide the below given safeguards:
a. Article 22 (1): Everyone who is in the custody should be informed by he is arrested. Moreover, he has the right to consult an advocate which cannot be denied.
b. Article 22 (2): Anyone who is arrested has to produced in front of the judicial magistrate during a time span of 24 hours.
c. Article 22 (3): No arrested person can be kept in the custody for over the time period specified by the judicial magistrate.
Above mentioned safeguards are not given to enemy aliens and anyone who is arrested under preventive detention laws.
Right to Freedom – [Articles19 – 22]
Right to Freedom (Articles 19 – 22): Right to Freedom is guaranteed by the Indian constitution. The Right To Freedom safegurds a person’s the right to live and work freely, without any interference from the state. The Right To Freedom is it ensures that all people are treated equally under the constitution and will have the equal rights in the state. It also protects the citizens from being arbitrarily detained or imprisoned. The article includes freedom to live a life full of dignity, freedom of speech as well as expression, freedom to form associations and many more such freedoms. The right to freedom is mentioned in the following articles – Articles 19, 20, 21, 21A and 22 of the Constitution of India.
Table of Content
- Right to Freedom
- Fundamental Rights
- Article 19
- Article 20
- Article 21
- Article 21 A
- Article 22
- Preventive Detention
- Significance of the Right to Freedom
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