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Section B Half

The document discusses provisions related to protection against arrest and detention under Article 22 of the Indian constitution. It outlines the rights of arrested persons such as the right to be informed of arrest grounds and the right to legal consultation. It also discusses circumstances where these rights do not apply and provisions related to preventive detention.

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12 views3 pages

Section B Half

The document discusses provisions related to protection against arrest and detention under Article 22 of the Indian constitution. It outlines the rights of arrested persons such as the right to be informed of arrest grounds and the right to legal consultation. It also discusses circumstances where these rights do not apply and provisions related to preventive detention.

Uploaded by

Prabh jit
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Article 22- 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 authorise 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:Provided that nothing in this sub-clause
shall authorise the detention of any person beyond the maximum period prescribed by any law
made by Parliament under sub-clause (b) of clause (7); or

(b) such person is detained in accordance with the provisions of any law made by Parliament under
sub-clauses (a) and (b) of clause (7).

(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).
#Object of Article 22-

1. The main objective behind A.22 is to avoid miscarriage of justice. Also A.22 keeps a check on the
power of executives while arresting or detaining any person in custody

Case Law- State of Punjab V. Ajaib Singh

2. Safeguard against arrest or detention:

A) Right to be informed about grounds of arrest

B) Right to be consulted or defended by legal practitioner

C) Right to produce near magistrate

D) Right to be detained before 24 hours without authority of magistrate.

3. Meaning of preventive detention:

Preventive detention means detaining a person without any trial under such circumstances that the
evidence in possession of authority is not sufficient to make legal charges or to secure the conviction
of the person but the evidence is sufficient to justify his detention.

Case Law- A.K Gopalan V. State of madras

Case Law- Francis Coraile Mullin V. UT of Delhi

Right to Religion (Article- 25,26,27 and 28)


Article 25- Freedom of conscience and free profession, practice and
propagation of religion.
The word religion is not defined anywhere in the constitution but supreme court has
explained that religion is matter of faith with individual or communities and it has an
outward expression as well.
Case Law: Lilly Thomas V. UOI
The supreme court held that religion is matter of faith which extend from heart of
individual.
Meaning of Conscience: Freedom of conscience means inner freedom of individual to mould
his relation with god in any matter.
Meaning of Profess: Profess means to make pen declaration or to declare one’s belief.
Meaning of practice: Practice means to perform any ritual or rites of a particular religion.
Meaning of propagate: Propagate means to spread and publicise one’s religious views.
Case Laws of A.25-
Dalip Kumar V. State of Punjab
John Walla Metton V. UOI
M.H Qureshi V. State of Bihar
Javed V. State of Haryana

Article 26- Freedom to manage religious affairs


The word religion denomination means class of individuals grouped together under same
name having a common name or organization and designated by distinct name.
Case Law: S.P Mittal V. UOI
It was held the word religious denomination must have following three teachers-
A) It must be collection of individual who have a system of doctrines.
B) Must have common organization
C) Must have distinctive name
Case Law: Sanjiv Kumar V. Principle, Saint Paul College

Article 27- Freedom as to payment of taxes for promotion of any particular


religion.
Article 28 - Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
Explanation- According to A.28 there are three types of educational institution with respect
to religious instruction or worship:
A. Educational institution wholly maintained out of state funds-
There is absolute prohibition against imparting of religious institutions
B. Educational institutions which are either recognised by state or receiving aid from
state funds-
There is no prohibition against imparting of religious instruction. However, no person
attending such educational institution shall required to take a part in any religious
activity unless and until he consents for it and if the person is minor, the consent
shall be given by the guardian.
C. Educational institution administered by the state but established under endowment
or trust-
There is no prohibition against imparting religious instructions.
Case laws for Article 27-
Aruna Roy V. UOI
D.A.V College Jalandhar V. State of Punjab

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