Which of the following safeguards are available to the Indian Citizens as per Article 22 of the Indian…
Neither statement describes a safeguard under Article 22 of the Constitution of India. Statement 1—the right against self-incrimination ("No person accused of any offence…
Choose your answer
Which of the following safeguards are available to the Indian Citizens as per Article 22 of the Indian Constitution?
1. No person accused of any offence shall be compelled to be witness against himself.
2. The detention of persons, who are detained under preventive detention law, cannot exceed two months without obtaining the opinion of an advisory board.
Answer and explanation
Correct answer D
Neither statement describes a safeguard under Article 22 of the Constitution of India. Statement 1—the right against self-incrimination ("No person accused of any offence shall be compelled to be a witness against himself")—is guaranteed under Article 20(3), not Article 22. Statement 2 is also incorrect because under Article 22(4)(a) as currently in force, preventive detention without obtaining the opinion of an Advisory Board cannot exceed three months (Section 3 of the Constitution (Forty-fourth Amendment) Act, 1978, which proposed reducing this period to two months, has never been notified into force).
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