Article 22 of the Indian Constitution: A protection against arrest and

detention

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Article 22 of the Indian Constitution is a principle that safeguards individuals against

arbitrary arrest and detention. This article will explore the ins and outs of Article 22, its
implications and exceptions, as well as a groundbreaking legal case that further solidified its
importance in maintaining individual freedom and civil liberties.

Understanding Article 22

What is Article 22?

Article 22 is a fundamental right enshrined in the Indian Constitution. It provides protection
to individuals against arrest and detention in certain cases. This article is divided into seven
clauses, each addressing a specific aspect of arrest and detention procedures.
The Clauses of Article 22

Clause 1
This clause stipulates that no person who is arrested shall be detained in custody without
being informed, as soon as possible, of the grounds for such arrest. Furthermore, they
should not be denied the right to consult, and to be defended by, a legal practitioner of their
choice.

Clause 2
This clause ensures that every person who is arrested and detained in custody should be
presented before the nearest magistrate within a period of twenty-four hours of the arrest,
excluding the time necessary for the journey from the place of arrest to the court of the
magistrate. It prohibits the detention of any person in custody beyond the said period
without the authority of a magistrate.

Clause 3
Clause 3 provides two exceptions to the rights mentioned in Clauses 1 and 2. These rights
shall not apply to a person who is an enemy alien or a person who is arrested or detained
under any law providing for preventive detention.

Clause 4
This clause restricts any law providing for preventive detention from authorizing the
detention of a person for a longer period than three months unless an Advisory Board,
composed of persons who are, or have been, or are qualified to be appointed as, Judges of a
High Court, has reported before the expiration of the said period of three months that there
is in its opinion sufficient cause for such detention.

Clause 5
Following Clause 4, Clause 5 states that when any person is detained in pursuance of an
order made under any law providing for preventive detention, the authority making the
order shall, as soon as possible, communicate to such person the grounds on which the
order has been made and shall afford them the earliest opportunity of making a
representation against the order.

Clause 6
This clause exempts the authority making an order of detention from disclosing facts which
such authority considers to be against the public interest to disclose.

Clause 7
Finally, Clause 7 empowers the Parliament to make laws prescribing the circumstances
under which a person may be detained for a period longer than three months, the maximum
period for detention, and the procedure to be followed by an Advisory Board in an inquiry.
The Historical Context of Article 22
The introduction of Article 22 in the Indian Constitution was a significant step towards
ensuring the protection of individual rights. Its roots can be traced back to the pre-
independence era when the British colonizers used preventive detention as a tool to
suppress political dissent.

The framers of the Indian Constitution, having experienced the harsh reality of these laws,
were keen to put in place safeguards against their misuse. Hence, Article 22 was
incorporated as a fundamental right, serving as a shield against arbitrary and unlawful
arrest and detention.

Case Study: D.K. Basu v. State of West Bengal

In 1997, a landmark judgement was passed by the Supreme Court in the case of D.K. Basu v.
State of West Bengal. This Public Interest Litigation was filed by Dr Dilip Kumar Basu in
response to a case of custodial violence. The Supreme Court laid down strict guidelines
related to custodial violence and deaths, to be followed in all cases of arrest and detention
until legal provisions were made for the safeguard of a person in custody.

Conclusion
Article 22 of the Indian Constitution plays a crucial role in preserving the rights and
liberties of individuals. It ensures that the power of arrest and detention is not misused or
exercised arbitrarily by the authorities. However, it is important to remember that while
Article 22 provides essential safeguards, it also has its limitations. The exceptions provided
under this Article during times of emergency and in the case of preventive detention are
indicative of the delicate balance between individual freedoms and the larger interests of
national security and public order.