For the larger interest of the public and maintaining rule of law, there is a need to restrain some people’s rights. Article 22 of the indian constitution stands as a cornerstone of individual liberty, providing essential safeguards against arbitrary arrest and detention. Article 22 (draft article 15a) was not part of the draft constitution 1948.
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It aims to protect the rights and liberties of individuals who are arrested. Preventive detention period of maximum 3 months, extendable. Article 22 (4) and (5) provides for certain safeguards to protect the rights of people by ensuring:
The article deals with article 22 of the constitution, which protects the rights of arrested persons and those detained in police custody or by any other detaining authority.
Among them, article 22 occupies a unique place because it deals specifically with the rights of arrested persons and also allows the state to impose preventive detention. It provides safeguards for arrested or detained persons, but also carves out exceptions for persons subject to preventive. Article 21 and article 22 complement each other. The principles enshrined in article 22 are supported by other fundamental rights, particularly article 21, which guarantees the right to life and personal liberty.
Protection against arrest and detention in certain cases (the constitution of.
