Article 22 of the Indian Constitution primarily deals with the protection against arrest and detention in certain cases. It is designed to safeguard individual liberty against arbitrary infringement by the state. The provisions of preventive detention, which permit the detention of individuals without trial in certain circumstances, are enshrined in this article. Let's delve into this aspect of Article 22:
Preventive Detention under Article 22 of the Indian Constitution:
1. Definition: Preventive detention refers to the detention of a person without trial and without charging the individual with a specific offense, primarily to prevent him/her from acting in any manner prejudicial to the security of the state, the maintenance of public order, or the maintenance of supplies and services essential to the community.
2. Grounds for Preventive Detention: The Constitution provides that an individual can be placed under preventive detention on the following grounds:
- Security of the state.
- Maintenance of public order.
- Maintenance of supplies and services essential to the community.
- For dealing with persons acting in any manner prejudicial to the relations of India with foreign countries.
3. Constitutional Safeguards:
Information about the Grounds of Detention [Article 22(5)]: Whenever an individual is detained under preventive detention laws, the authority making the order has to communicate to the detained person the grounds on which the order has been made. This has to be done as soon as may be, i.e., without undue delay.
Opportunity to Make a Representation [Article 22(5)]: The detained person must be afforded the earliest opportunity to make a representation against the detention order to the appropriate authority.
Advisory Board [Article 22(4)]: If the detention is beyond three months, the case must be referred to an Advisory Board for its opinion on the continuity of the detention. The Advisory Board consists of persons who are qualified to be appointed as High Court judges.
Maximum Period of Detention: The Constitution does not specify the maximum period for which a person can be detained under preventive detention. This duration is provided by the laws made by the Parliament. However, no such law can authorize the detention of a person for a period longer than three months unless an Advisory Board reports sufficient cause for extended detention.
4. Parliamentary Legislation: Over the years, Parliament has enacted various laws providing for preventive detention, such as the Maintenance of Internal Security Act (MISA), the National Security Act (NSA), and the Prevention of Terrorism Act (POTA). Some of these laws have been controversial and have faced criticisms for potential misuse.
5. Criticism: The provision of preventive detention has been a subject of debate since the framing of the Constitution. Critics argue that such provisions can be, and sometimes have been, misused to suppress political dissent and violate individual rights. However, supporters argue that such provisions are necessary to deal with threats to the security and sovereignty of the nation, especially in extraordinary situations.
In conclusion, while preventive detention provisions in Article 22 are aimed at striking a balance between individual freedom and the security of the state, they've always been contentious due to their potential to infringe upon personal liberties. The constitutional safeguards are in place to minimize potential abuse, but their effectiveness often depends on their rigorous application and judicial scrutiny.
