Part III – Fundamental Right to Life and Personal Liberty — Article 22 grants procedural protections to individuals arrested or detained. It distinguishes between ordinary arrest and preventive detention, ensuring no person is deprived of liberty arbitrarily.
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply —
(a) to any person who for the time being is an enemy alien; or
(b) to any person who is arrested or detained under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless an Advisory Board reports sufficient cause for extended detention.
(5) When any person is detained in pursuance of an order made under any law relating to preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and afford him the earliest opportunity of making a representation against the order.
(6) Nothing in clause (5) shall require the authority to disclose facts which such authority considers to be against the public interest to disclose.
— Constitution of India, 1950 (as amended)
Arrested persons must be informed of grounds of arrest immediately. They hold the fundamental right to consult a lawyer of their choice — cornerstone of fair trial. Mandatory production before magistrate within 24 hours (excluding travel).
No preventive detention beyond 3 months without Advisory Board’s opinion. Detainee must be given grounds and chance to make representation, subject to public interest exceptions. Safeguards against unchecked executive power.
Clause (3) exempts enemy aliens and persons detained under preventive detention laws from the 24-hour magistrate rule. However, separate constitutional safeguards apply under Art. 22(4)-(7).
Article 22 rights are enforceable through writ of habeas corpus (Art. 32 & 226). Supreme Court & High Courts examine legality of detention, ensuring personal liberty prevails.
Why preventive detention? It allows the state to detain individuals based on suspicion of future unlawful activity, without trial. Article 22 imposes constitutional discipline:
“Personal liberty is a precious right and the procedure established by law must be just, fair and reasonable.” — Maneka Gandhi v. Union of India (1978) expanded Art.21 & reinforced Art.22 safeguards.
First major case interpreting Art.22 and preventive detention. Court held that detention under preventive law is not 'punishment', but Art.22 provides exclusive procedural guarantees. Later overruled partially but remains foundation.
Guidelines for arrest and detention: right to inform family, right to medical examination, and mandatory arrest memo. Reinforced Art.22(1) practical enforcement, reducing custodial violence.
Held that delay in communicating grounds of detention violates Art.22(5), entitles detenu to release. Emphasized strict compliance.
“Habeas corpus case” – during emergency, but subsequent jurisprudence restored Art.22 & 21 supremacy. Landmark for civil liberties discourse.
Article 22 embodies the constitutional commitment against arbitrary state action. It ensures:
“Safeguards under Article 22 are designed to strike a balance between individual liberty and state security.” — Supreme Court of India