In the Constitution of India, which Article provides protection against arrest and detention in certain cases?

Difficulty: Easy

Correct Answer: Article 22

Explanation:


Introduction / Context:
Protection of individual liberty is a central theme of the Constitution of India. One of the most important safeguards in this regard is the protection against arbitrary arrest and detention by the State. This question tests awareness of the specific Article that guarantees such protection in certain cases, which is very important for exams on Indian Polity and for understanding the fundamental rights framework.


Given Data / Assumptions:
- The question refers to the Constitution of India.
- It asks specifically about protection against arrest and detention in certain cases.
- The options list different Articles dealing with various rights and protections.
- Only one Article directly and primarily deals with procedural safeguards in cases of arrest and detention.


Concept / Approach:
Fundamental Rights under Part III of the Constitution cover equality, freedom, protection from exploitation, freedom of religion, cultural and educational rights, and constitutional remedies. Within this structure, Articles 20 to 22 deal with protections in respect of conviction for offences and personal liberty. Article 22 is specifically designed to protect persons who are arrested or detained. It lays down important safeguards such as the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and production before a magistrate within 24 hours, along with special provisions regarding preventive detention.


Step-by-Step Solution:
Step 1: Recall that Article 21 guarantees protection of life and personal liberty in a broad sense, stating that no person shall be deprived of life or personal liberty except according to procedure established by law. Step 2: Remember that Articles 20, 21, and 22 together form a group of protections relating to criminal justice and personal liberty. Step 3: Article 22 specifically deals with protection against arrest and detention in certain cases. It sets out procedural safeguards such as informing the arrested person of the grounds of arrest and producing the person before a magistrate within 24 hours. Step 4: Compare this with Articles 23 and 24, which deal with prohibition of traffic in human beings, forced labour, and child labour, not with arrest and detention. Step 5: Article 21A is about the right to education, while an option like Article 24B is not an actual fundamental right Article in the Constitution. Step 6: Therefore, the correct Article that deals with protection against arrest and detention in certain cases is Article 22.


Verification / Alternative check:
A quick way to verify is to remember the sequence: Article 20 (protection in respect of conviction for offences), Article 21 (protection of life and personal liberty), and Article 22 (protection against arrest and detention in certain cases). Standard Indian Polity textbooks and bare acts of the Constitution clearly state that Article 22 contains safeguards regarding arrest and preventive detention. This corroborates that Article 22 is the correct choice.


Why Other Options Are Wrong:
Article 24B: This is not a recognised fundamental right Article in the Constitution, so it cannot be correct.
Article 23: Deals with prohibition of traffic in human beings and forced labour, not arrest and detention procedures.
Article 21A: Provides for the right to free and compulsory education for children between six and fourteen years of age, unrelated to arrest or detention.
Article 20: Deals with protection in respect of conviction for offences, such as no ex post facto laws, double jeopardy, and self incrimination, but not the specific procedural safeguards for arrest and detention that Article 22 covers.


Common Pitfalls:
A common mistake is to pick Article 21 because it is famous for the right to life and personal liberty and is widely cited in court judgments. However, Article 21 is broad and general, while the question asks about specific protection against arrest and detention in certain cases, which is handled by Article 22. Another pitfall is confusion among Article numbers, especially in a fast-paced exam, so candidates must revise the exact scope and numbering of Articles 20 to 24 carefully.


Final Answer:
The Article that deals with protection against arrest and detention in certain cases under the Constitution of India is Article 22.

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