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Fundamental Rights - Article 22 (Part-2)
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Article 22-Preventive detention explained

Rahul Shakya
Public Administration Faculty, Btech (ME), University topper,92.8% in 12th, YouTuber-GS With Rahul, Perfect Presence Awardee

U
Unacademy user
  1. Crash Course on Indian unacademy Polity & Governance for UPSC CSE BY RAHUL SHAKYA


  2. ABOUT ME- MECHANICAL ENGINEERING STUDENT UNIVERSITY TOPPER , 12 WITH q2.8% (CBSE) UPSC CSE ASPIRANT 1 YEAR EXPERIENCE AS PHYSICS & CHEMISTRY TUTOR FOR CLASS 12TH LOVE TEACHING . RATE! REVIEW! RECOMMEND! una cadeM www.UNACADEMY.COM/USER/RRAHUL007


  3. OFFICIAL SYLLABUS BY UPSC . Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure. Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein. . O Separation of powers between various organs dispute redressal mechanisms and institutions. Comparison of the Indian constitutional scheme with that of other countries Parliament and State Legislatures structure, functioning, conduct of business, powers & privileges and issues arising out of these. O Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the Government, pressure groups and formal/informal associations and their role in the Polity .O Salient features of the Representation of People's Act.


  4. Protection against arrest and detention in certain cases Article 22 (1) VNo 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.


  5. Article 22 (2) VEvery person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-tour 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.


  6. Article 22 (3) VException v (a) to any person who for the time being is an enemy alien; or V(b) to any person who is arrested or detained under any law providing for preventive detention


  7. Article 22 (4) VNo law providing for preventive detention shall authorise the detention of a person for a longer period than three months


  8. Article 22 (5) VWhen 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.


  9. Article 22 (6) VNothing 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.


  10. Article 22 (7) Authorises the Parliament to prescribe V(a) the circumstances and the classes of cases in which a person can be detained for more than threee months under a preventive detention law without obtaining the opinion of an advisory board; v(b) the maximum period for which a person can be detained in any classes of cases under a preventive detention law; and V (c) the procedure to be followed by an advisory board in an inquiry.