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Q149 (CISF/2026) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties

The protection against arrest and detention provided under the Constitution of India is applicable to : 1. A person who, for the time being, is an enemy alien 2. A person who is arrested or detained under any law providing for preventive detention 3. A person who is not a citizen of India Select the answer using the code given below :

Result
Your answer: —  Â·  Correct: B

Explanation

Article 22 of the Indian Constitution provides procedural safeguards to persons who are arrested. However, Article 22(3) explicitly states that the protections mentioned in clauses (1) and (2)—such as the right to be informed of the grounds of arrest, the right to consult a legal practitioner, and the right to be produced before a magistrate within 24 hours—are not applicable to:

  • Any person who is for the time being an enemy alien (Statement 1).
  • Any person who is arrested or detained under any law providing for preventive detention (Statement 2).

The Fundamental Rights under Article 22 are available to both citizens and non-citizens (friendly aliens). Since the protection is applicable to non-citizens (excluding enemy aliens) but specifically denied to the categories in statements 1 and 2, only statement 3 is correct.

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SIMILAR QUESTIONS

CDS-II · 2015 · Q89 Relevance score: 6.58

The protection against arrest and detention under Article 22 of the Constitution of India is not available to 1. an enemy alien 2. a person detained under a preventive detention law 3. a foreigner 4. an overseas citizen of India Select the correct answer using the code given below.

CDS-I · 2017 · Q98 Relevance score: 2.93

Which one of the following statements relating to protection against arrest and detention of individuals under Article 22 is not correct?

IAS · 2023 · Q77 Relevance score: 2.67

Consider the following statements : 1. According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances. 2. The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention. 3. According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence. How many of the above statements are correct?

NDA-I · 2014 · Q57 Relevance score: 2.44

Which of the following statements are true for the Fundamental Right to Life and Personal Liberty as guaranteed under Article 21 of the Constitution of India? 1. The Right is available to citizens as well as aliens. 2. It covers protection against arbitrary executive and legislative action. 3. It includes the right to live with human dignity. 4. It can be taken away according to the procedure established by law. Select the correct answer using the code given below.

CDS-I · 2016 · Q100 Relevance score: 1.67

Which of the following statements with regard to preventive detention in India is / are correct ? 1. The detenue has no rights other than those mentioned in clauses (4) and (5) of Article 22 of Constitution of India 2. The detenue has a right to challenge the detention order on the ground that he was already in jail when the detention order was passed 3. The detenue can claim bail on the ground that he has been in prison beyond twenty-four hours without an order of the magistrate Select the correct answer using the code given below :