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Article 22 of the Constitution of India contains two separate sets of safeguards. Which distinction do they follow?

Question and options

Article 22 of the Constitution of India contains two separate sets of safeguards. Which distinction do they follow?

  1. Arrest with a warrant and arrest without a warrant

  2. Ordinary arrest and preventive detention

  3. Arrest of citizens and arrest of foreigners

  4. Bailable and non-bailable offences

Answer and explanation

Correct answer: B - Ordinary arrest and preventive detention

Clauses (1) and (2) of Article 22 give persons arrested under ordinary law the rights to be told the grounds, to consult a lawyer and to be produced before a magistrate within 24 hours, while clauses (4) to (7) give separate safeguards for preventive detention. Clause (3) excludes enemy aliens and preventive detainees from the first set, but the Article does not draw a general line between citizens and foreigners.

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