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Q89 (CDS-II/2015) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Right to Freedom Answer Verified

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.

Result
Your answer: —  Â·  Correct: A
Explanation

Article 22 of the Constitution of India provides procedural safeguards to persons who are arrested or detained, such as the right to be informed of grounds and the right to consult a legal practitioner. However, Article 22(3) explicitly creates two exceptions where the protections of clauses (1) and (2) do not apply. These exceptions are: (a) any person who for the time being is an enemy alien, and (b) any person who is arrested or detained under any law providing for preventive detention [1]. While Article 22 generally applies to both citizens and foreigners (friendly aliens), enemy aliens are specifically excluded from these procedural benefits [1]. Overseas Citizens of India (OCI) and general foreigners (friendly aliens) are not excluded by Article 22(3). Therefore, the protection is not available only to enemy aliens and those under preventive detention.

Sources

  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 7: CITIZENSHIP > CITIZENSHIP > p. 83
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SIMILAR QUESTIONS

CDS-I · 2017 · Q98 Relevance score: 4.71

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

CDS-I · 2016 · Q100 Relevance score: 2.66

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 :

NDA-I · 2014 · Q57 Relevance score: 1.89

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 · 2017 · Q95 Relevance score: 1.46

Which of the following statements regarding Article 21 of the Constitution of India is/are correct? 1. Article 21 is violated when the under-trial prisoners are detained under judicial custody for an indefinite period. 2. Right to life is one of the basic human rights and not even the State has the authority to violate that right. 3. Under Article 21, the right of a woman to make reproductive choices is not a dimension of personal liberty. Select the correct answer using the code given below.

CAPF · 2017 · Q30 Relevance score: 0.84

Which of the following statements is/are correct ? 1. Article 15 of the Constitution of India is available to both citizens of India and the foreignere 2. Article 16 of the Constitution of India ia available to the citizeno of India only 3. Article 21 of the Constitution of India is available to both citizens of India and the foreigners alike within the territory of India Select the correct answer using the code given below :