Q. Which one of the following statements is incorrect with reference to Article 22 of the Constitution of India?
Exp) Option c is the correct answer.
Statement a is correct: The safeguards provided for a person under punitive detention under Article 22 are not available to enemy aliens. For persons under punitive detention, following rights are conferred – 1. Right to be informed of the grounds of arrest. 2. Right to consult and be defended by a legal practitioner. 3. Right to be produced before a magistrate within 24 hours, excluding the journey time.
Statement b is correct: The Parliament has exclusive authority to make a law of preventive detention for reasons connected with defence, foreign affairs and the security of India. Both the Parliament as well as the state legislatures can concurrently make a law of preventive detention for reasons connected with the security of a state, the maintenance of public order and the maintenance of supplies and services essential to the community.
Statement c is incorrect: A person arrested under a preventive detention law does not have a right to be produced before a magistrate within 24 hours. That right is available only to persons arrested or detained under a punitive detention law. Statement d is correct: As per Article 22, the preventive detention of a person cannot exceed three months unless advisory board reports sufficient cause for extended detention. The board is to consist of judges of a high court. Knowledge Base: Arrest and detention under first part of Article 22 do not cover civil arrests.

