Discussion
Which of the following statements regarding Article 22 of the constitution are correct ?
(1) The right conferred by the Article protects persons against arrest and detention.
(2) The right is guaranteed both to citizens and non-citizens.
(3) The rights guaranteed under this Provision are applicable to those arrested under laws providing for preventive detention.
(4) The rights guaranteed under this provision are not applicable to enemy aliens.
Choose the correct answer from the codes given below :
Answer: C
Statements (1), (2) and (4) are correct, so the answer is (1), (2) and (4).
Article 22 gives protection against arrest and detention in certain cases (1). Because it speaks of 'any person', it extends to citizens and non-citizens alike (2). But Article 22(3) withholds the protection of clauses (1) and (2) from any person who is for the time being an enemy alien (4).
Statement (3) is wrong. Article 22(3)(b) also excludes persons arrested or detained under a law providing for preventive detention from the rights in clauses (1) and (2); such detenus have only the separate safeguards of clauses (4) to (7), such as an advisory board and communication of the grounds. So any code including (3) is incorrect.
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