Q. With reference to Article 22 of the Indian Constitution, consider the following statements:
1.Article 22 guarantees both citizens and aliens the right to be informed of the grounds of arrest and to consult a legal practitioner in all cases.
2.Under preventive detention laws, a person cannot be detained beyond three months unless an advisory board, consisting of High Court judges, approves it.
3.Parliament alone has the authority to legislate on preventive detention for reasons such as defence, foreign affairs, and the security of India.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation:
- The rights to be informed of the grounds of arrest and to consult a legal practitioner are available only under ordinary law, and only to citizens.
- These do not apply to enemy aliens or to persons detained under preventive detention laws.
- In preventive detention cases, detention beyond three months requires the approval of an advisory board consisting of High Court judges.
- Although the 44th Amendment reduced this to two months, this provision has not been enforced, so the three-month rule still applies.
- Parliament alone can legislate on preventive detention for matters related to defence, foreign affairs, and national security.
- For issues like public order and maintenance of essential supplies, both Parliament and state legislatures can legislate.
Source: Laxmikant (Polity)
