4 min
Polity EP 12 Fundamental Rights | Article 22 Protection against arrest and detention in certain cases | Constitution | UPSC podcast | laxmikant | Right to freedom UPSC Podcast : The IAS Companion ( for UPSC aspirants )
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Welcome back to THE IAS COMPANION! Today, we delve into the intricate fabric of Article 22 of the Indian Constitution, a safeguard against arbitrary arrest and detention. Let's embark on a journey through its provisions:
Types of Detention: Article 22 classifies detention into punitive and preventive categories. Punitive detention aims to punish an individual after trial and conviction, while preventive detention involves detaining a person without trial to prevent future offenses based on suspicion.
Rights under Article 22: Individuals arrested or detained under ordinary law or preventive detention law are conferred specific rights:
Ordinary Law (Part I): Right to be informed of grounds of arrest, consult and be defended by a legal practitioner, produced before a magistrate within 24 hours, and released after 24 hours unless further detention is authorized.
Preventive Detention Law (Part II): Protection against prolonged detention, communication of grounds, and opportunity for representation.
Legislative Authority and Laws: Article 22 delineates legislative authority between Parliament and state legislatures concerning preventive detention, focusing on matters related to defense, foreign affairs, security of state, public order, and essential supplies and services.
Landmark Supreme Court Cases: Notable cases include:
A.K. Gopalan v. State of Madras (1950): Protection under Article 22 is against arbitrary executive action, not legislative action.
Maneka Gandhi v. Union of India (1978): Ruled that right to life and personal liberty cannot be deprived arbitrarily, expanding protection against arbitrary detention.
International Perspective: Preventive detention is uncommon in democratic countries. While sporadically used in wartime by countries like Britain, it's largely absent in legal frameworks of nations like the United States.
In conclusion, Article 22 safeguards against arbitrary arrest and detention, balancing national security imperatives with the preservation of civil liberties. As we navigate modern governance, maintaining this balance upholds the democratic ethos enshrined in our Constitution.
#UPSC #IASprep #civilserviceexam #IASexamination #IASaspirants #UPSCjourney #IASexam #civilservice #IASgoals #UPSC2024 #IAS2024 #civilservant #IAScoaching #aUPSCmotivation #IASmotivation #UPSCpreparation #IASpreparation #UPSCguide #IASguide #UPSCtips #IAStips #UPSCbooks #IASbooks #UPSCexamstrategy #IASexamstrategy #UPSCmentorship #IASmentorship #UPSCcommunity #IAScommunity #UPSCpreparation #IASpreparation #UPSCguide #IASguide #UPSCtips #IAStips #UPSCbooks #IASbooks #UPSCexamstrategy #IASexamstrategy #UPSCmentorship #IASmentorship #UPSCcommunity #IAScommunity
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Send in a voice message: https://podcasters.spotify.com/pod/show/theiascompanion/message
Welcome back to THE IAS COMPANION! Today, we delve into the intricate fabric of Article 22 of the Indian Constitution, a safeguard against arbitrary arrest and detention. Let's embark on a journey through its provisions:
Types of Detention: Article 22 classifies detention into punitive and preventive categories. Punitive detention aims to punish an individual after trial and conviction, while preventive detention involves detaining a person without trial to prevent future offenses based on suspicion.
Rights under Article 22: Individuals arrested or detained under ordinary law or preventive detention law are conferred specific rights:
Ordinary Law (Part I): Right to be informed of grounds of arrest, consult and be defended by a legal practitioner, produced before a magistrate within 24 hours, and released after 24 hours unless further detention is authorized.
Preventive Detention Law (Part II): Protection against prolonged detention, communication of grounds, and opportunity for representation.
Legislative Authority and Laws: Article 22 delineates legislative authority between Parliament and state legislatures concerning preventive detention, focusing on matters related to defense, foreign affairs, security of state, public order, and essential supplies and services.
Landmark Supreme Court Cases: Notable cases include:
A.K. Gopalan v. State of Madras (1950): Protection under Article 22 is against arbitrary executive action, not legislative action.
Maneka Gandhi v. Union of India (1978): Ruled that right to life and personal liberty cannot be deprived arbitrarily, expanding protection against arbitrary detention.
International Perspective: Preventive detention is uncommon in democratic countries. While sporadically used in wartime by countries like Britain, it's largely absent in legal frameworks of nations like the United States.
In conclusion, Article 22 safeguards against arbitrary arrest and detention, balancing national security imperatives with the preservation of civil liberties. As we navigate modern governance, maintaining this balance upholds the democratic ethos enshrined in our Constitution.
#UPSC #IASprep #civilserviceexam #IASexamination #IASaspirants #UPSCjourney #IASexam #civilservice #IASgoals #UPSC2024 #IAS2024 #civilservant #IAScoaching #aUPSCmotivation #IASmotivation #UPSCpreparation #IASpreparation #UPSCguide #IASguide #UPSCtips #IAStips #UPSCbooks #IASbooks #UPSCexamstrategy #IASexamstrategy #UPSCmentorship #IASmentorship #UPSCcommunity #IAScommunity #UPSCpreparation #IASpreparation #UPSCguide #IASguide #UPSCtips #IAStips #UPSCbooks #IASbooks #UPSCexamstrategy #IASexamstrategy #UPSCmentorship #IASmentorship #UPSCcommunity #IAScommunity
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Send in a voice message: https://podcasters.spotify.com/pod/show/theiascompanion/message
4 min