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ARTICLE 21, 22 OF CONSTITUTION OF INDIA 1949

What is Protection of life and personal liberty? What is Protection against arrest and detention in certain cases? Article 21 and 22 of Constitution of India, 1949

Protection of life and personal liberty and Protection against arrest and detention in certain cases are defined under Article 21 and 22 of Constitution of India 1949. Provisions under these Articles are:

Article 21 of Constitution of India "Protection of life and personal liberty"

No person shall be deprived of his life or personal liberty except according to procedure established by law

Article 22 of Constitution of India "Protection against arrest and detention in certain cases"

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for 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 authorize the detention of a person for a longer period than three months unless-

(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention:

(5) When any person is detained in pursuance of an order made under any law providing for 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 shall afford him the earliest opportunity of making a representation against the order.

(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

(7) Parliament may by law prescribe-

(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);

(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

(c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).
 

Constitution of India 1949

What is Preamble? What is Name and territory of the Union? What is the procedure for Admission or establishment of new States? Preamble, Article 1 and 2 of Constitution of India, 1949

What is Formation of new States and alteration of areas, boundaries or names of existing States? Article 3 of Constitution of India, 1949

What is Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters? Article 4 of Constitution of India, 1949

What is Citizenship at the commencement of the Constitution? What are Rights of citizenship of certain persons who have migrated to India from Pakistan? Article 5 and 6 of Constitution of India, 1949

What are Rights of citizenship of certain migrants to Pakistan? What are Rights of citizenship of certain persons of India origin residing outside India? Article 7 and 8 of Constitution of India, 1949

What is Person voluntarily acquiring citizenship of a foreign? What is the meaning State not to be citizens Continuance of the rights of citizenship? What is the meaning of Parliament to regulate citizenship by law? Article 9, 10 and 11 of Constitution of India, 1949

What are the Definitions of Fundamental Rights? What are Laws inconsistent with or in derogation of the fundamental rights? Article 12 and 13 of Constitution of India, 1949

What is Equality before law? What is Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth? Article 14 and 15 of Constitution of India, 1949

What is Equality of opportunity in matters of public employment? What is Abolition of Untouchability? What is abolition of Titles? Article 16, 17 and 18 of Constitution of India, 1949

What is Protection of certain rights regarding freedom of speech etc? What is Protection in respect of conviction for offences? Article 19 and 20 of Constitution of India, 1949

What is Protection of life and personal liberty? What is Protection against arrest and detention in certain cases? Article 21 and 22 of Constitution of India, 1949

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