Article 22
Protection Against Arrest and Detention
Article 22 of the Constitution provides safeguards for persons arrested or detained. Clause (1) and (2) guarantee the right to be informed of grounds of arrest, right to consult a legal practitioner, and the right to be produced before a magistrate within 24 hours. However, Article 22(3) explicitly excludes these protections for enemy aliens and persons detained under preventive detention laws. Article 22(4)–(7) lay down the constitutional framework for preventive detention: Parliament can authorise detention for up to 3 months and must provide for an Advisory Board to review longer detentions.
- Article 22(4): No person shall be detained beyond 3 months without reference to an Advisory Board
- Article 22(5): The grounds of detention must be communicated; the detainee must be given earliest opportunity to make a representation
- Article 22(7): Parliament can prescribe the maximum period of detention and the procedure for Advisory Boards
- Habeas corpus (Article 32 before Supreme Court, Article 226 before High Court) is the primary remedy against unlawful detention
● Tracked since March 14, 2026 · last seen August 14, 2026 · updates as the daily brief publishes
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