The Importance of Article 22 Article 22 of the Indian Constitution serves as a critical safeguard against arbitrary arrest and detention by mandating that individuals cannot be deprived of their liberty without due process of law. The provision requires that every person arrested must be informed of the grounds of arrest and be given the right to consult and be defended by a legal practitioner of their choice, as soon as possible. Article 22 is divided into two parts, distinguishing between ... Know: Article 22 of the Constitution, Rights of arrested persons under ordinary laws, Preventive Detention Laws, Constitutional safeguards and Exceptions. The article provides the following safeguards: Article 22 (1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate. Article 22 (2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest. Introduction Article 22 of the Constitution of India deals with protection in cases of arrest and detention. It comes under the realm of the fundamental rights as provided by the Constitution. Until the case of Maneka Gandhi,[1] this was considered as the sole protection against laws that deprived someone of their right to life and […]
