Q. Which one of the following statements is incorrect with reference to Article 22 of the Constitution of India?

[A] As per Article 22, the safeguards provided under punitive detention are not available to enemy aliens

[B] Parliament has exclusive authority to make preventive detention laws for matters related to defence and the security of India.

[C] A person arrested under a preventive detention law has a right to be produced before a magistrate within 24 hours.

[D] The preventive detention of a person cannot exceed three months without obtaining the opinion of an advisory board.

Answer: A
Notes:

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.

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