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Question 4 of 5 · Important Articles & Schedules
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SSC · Police

'Protection against arrest and detention in certain cases' is provided under:

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Answer: Option D — Article 22

Detailed Solution

Article 22 of the Constitution, part of the Right to Freedom (Articles 19 to 22), gives protection to persons who are arrested or detained. It deals with two kinds of detention: punitive detention (after a person has committed an offence) and preventive detention (to prevent a person from committing a possible offence in the future, without trial).

Rights of a person arrested under ordinary law (Articles 22(1) and 22(2)):

  • The right to be informed of the grounds of arrest as soon as possible.
  • The right to consult and be defended by a lawyer of his or her choice.
  • The right to be produced before the nearest magistrate within 24 hours of arrest, excluding the time of journey.
  • The right not to be kept in custody beyond 24 hours without the authority of a magistrate.
  • These safeguards do not apply to enemy aliens or to persons arrested under preventive detention laws.

Safeguards for preventive detention (Articles 22(4) to 22(7)):

  • Detention cannot exceed three months unless an Advisory Board, made up of persons qualified to be High Court judges, reports that there is sufficient cause for longer detention.
  • The grounds of detention must be communicated to the detenu, except facts considered against the public interest.
  • The detenu must be given the earliest opportunity to make a representation against the detention order.

Parliament has passed several preventive detention laws, such as the National Security Act (NSA), 1980, and the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974. India is one of the few democracies whose Constitution allows preventive detention in peacetime.

In the D.K. Basu case (1997), the Supreme Court laid down detailed guidelines to be followed by the police during arrest, such as preparing an arrest memo and informing a relative.

Why not the other options?

  • ✗Article 20 gives protection in respect of conviction for offences (no ex post facto law, no double jeopardy, no self-incrimination).
  • ✗Article 21 protects life and personal liberty.
  • ✗Article 19 guarantees six freedoms to citizens.

Quick tip

Remember: Article 22 = arrest safeguards (grounds, lawyer, magistrate within 24 hours) and preventive detention (maximum 3 months without Advisory Board); D.K. Basu (1997) arrest guidelines.

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Important Articles & Schedules — Preparation

This question tests your understanding of Important Articles & Schedules, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the important articles of the Constitution that exams test most often, the parts of the Constitution, and the twelve schedules, such as the Seventh Schedule (Union, State and Concurrent Lists), the Eighth Schedule (languages) and the Tenth Schedule (anti-defection law). Questions directly ask which article or schedule deals with a subject, so make a table and revise it often. High-frequency examples include Article 112 (annual financial statement), Article 280 (Finance Commission), Article 324 (Election Commission) and Article 368 (amendment procedure). Remember that the Ninth Schedule was added by the 1st Amendment in 1951. Practise the important articles and schedules questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.

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