The concept of Protection Against Arrest and Detention in India holds a vital place in the Indian Constitution under Article 22. This provision ensures the protection of individual liberty against arbitrary arrest while balancing the needs of national security through preventive detention laws. For students preparing for UPSC, State PSC, or judicial services exams, understanding its evolution, key provisions, and implications is crucial as it reflects the delicate balance between freedom and state power.
The article establishes both procedural rights for individuals arrested under ordinary law and special powers for the government under preventive detention. This dual structure was created to ensure that personal liberty is maintained without compromising national security.
Article 22 recognizes two distinct kinds of detention: punitive detention and preventive detention, each serving different legal and moral purposes.
In India, punitive detention is applied after a person has been convicted of an offence, serving as a consequence of proven guilt. In contrast, preventive detention aims to prevent potential crimes by detaining individuals based on reasonable suspicion. This system, while controversial, is justified by the state’s responsibility to ensure public safety.
This section provides essential safeguards to those arrested under ordinary criminal law, ensuring transparency and fairness during detention.
Every individual arrested under ordinary law is entitled to specific rights ensuring fair treatment and justice. These rights protect against misuse of power and guarantee access to legal representation and judicial oversight.
The second part of Article 22 outlines specific conditions under which preventive detention is permitted, along with procedural safeguards to prevent misuse of this power.
The framers of the Constitution introduced several safeguards to ensure that preventive detention, while necessary for national security, does not become a tool of oppression. These include time limits, advisory board reviews, and procedural checks.
Both the Parliament and State Legislatures share authority to enact preventive detention laws under specified conditions.
The Constitution grants exclusive power to Parliament for matters concerning defence, foreign affairs, and national security, while states hold powers over public order and essential supplies within their jurisdiction.
India has witnessed several preventive detention laws enacted to tackle internal and external threats, some of which were later repealed due to misuse or changing national needs.
Over the decades, India has enacted numerous preventive detention laws, reflecting the evolving nature of internal security challenges.
The idea of preventive detention predates India’s independence, rooted in colonial-era policies. Its inclusion in the Constitution was a response to historical experiences and the perceived need for internal security mechanisms.
Preventive detention is a unique constitutional feature of India, as no other democracy includes such a provision in its founding document. Its use globally has been limited to wartime emergencies, highlighting India’s exceptional approach to internal security.
The protection against arrest and detention under Article 22 represents India’s attempt to balance individual liberty with national security. While the provision empowers the state to prevent threats preemptively, it embeds vital safeguards to prevent abuse of power. For students and aspirants, mastering this topic is crucial to understand how constitutional law evolves with changing notions of liberty, governance, and justice in India’s democratic framework.
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