Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Human Rights in India

Question:

Which of the following Article of the Constitution provides a safeguard against arrest and detention?

Options:

Article 20

Article 21

Article 22

Article 23

Correct Answer:

Article 22

Explanation:

Article 22 provides safeguards against arrest and detention.

Preventive detention is granted under Article 22 of the Indian Constitution. However, Article 22 also contains safeguards to prevent abuse of this power. It states that a person who is detained under a preventive detention law must be informed of the grounds for detention, must be afforded the opportunity to consult and be represented by a legal practitioner, and must be produced before the nearest magistrate within a period of 24 hours of such detention. Additionally, the law provides that the detainee's case must be reviewed by an advisory board within three months of detention. These safeguards are intended to ensure that preventive detention is used only in exceptional circumstances and with due process.