Q. Consider the following statements:
Which of the statements given above is/are correct?
Q. Consider the following statements:
Which of the statements given above is/are correct?
The correct option is B 1 and 3 only
Explanation:
Article 22 of the Indian constitution deals with the protection against arrest and detention in certain cases. It has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law
Statement 1 is correct: Article 22 confers the following rights on a person who is arrested or detained under an ordinary law:
- Right to be informed of the grounds of arrest.
- Right to consult and be defended by a legal practitioner.
- Right to be produced before a magistrate within 24 hours, excluding the journey time.
- Right to be released after 24 hours unless the magistrate authorizes further detention
Statement 2 is incorrect: Second part Article 22 grants protection to persons who are arrested or detained under a preventive detention law. This protection is available to both citizens as well as aliens.Article 22(5) says when any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall communicate to such person the grounds of the detention and shall afford him the earliest opportunity of making a representation against the order
Statement 3 is correct: The Constitution has divided the legislative power with regard to preventive detention between the Parliament and the state legislatures. 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.
Explanation:
Article 22 of the Indian constitution deals with the protection against arrest and detention in certain cases. It has two parts—the first part deals with the cases of ordinary law and the second part deals with the cases of preventive detention law
Statement 1 is correct: Article 22 confers the following rights on a person who is arrested or detained under an ordinary law:
- Right to be informed of the grounds of arrest.
- Right to consult and be defended by a legal practitioner.
- Right to be produced before a magistrate within 24 hours, excluding the journey time.
- Right to be released after 24 hours unless the magistrate authorizes further detention
Statement 2 is incorrect: Second part Article 22 grants protection to persons who are arrested or detained under a preventive detention law. This protection is available to both citizens as well as aliens.Article 22(5) says when any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall communicate to such person the grounds of the detention and shall afford him the earliest opportunity of making a representation against the order
Statement 3 is correct: The Constitution has divided the legislative power with regard to preventive detention between the Parliament and the state legislatures. 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.
