Article 22(7) in Constitution of India

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(7)Parliament may by law prescribe—

(a)the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);

(b)the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

(c)the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).Editorial Comment - Article 22 of the Indian Constitution provides certain safeguards regarding arrests and detentions. It aims to protect the rights and liberties of individuals who are arrested or detained by the authorities.

Protection against Arrest and Detention - Article 22 safeguards individuals against arbitrary arrest and detention. It ensures that no person can be arrested or detained without being informed of the grounds for such arrest or detention.

Right to be Presented before Magistrate - Article 22 guarantees that an arrested person must be produced before the nearest magistrate within 24 hours of their arrest. This provision aims to prevent unlawful and prolonged detention without proper judicial oversight.

Right to Consult a Legal Practitioner - Article 22 grants the right to an arrested person to consult and be defended by a legal practitioner of their choice. This right helps ensure that individuals have proper legal representation during the process of arrest and detention.

Communication of Grounds for Arrest - An arrested person must be informed of the grounds for their arrest and detention. They have the right to know the reasons behind their arrest, enabling them to effectively exercise their legal rights.

Preventive Detention - Article 22 also addresses the issue of preventive detention, which allows the authorities to detain individuals for preventive reasons, such as the maintenance of public order or national security. It imposes certain additional safeguards, such as the requirement for the grounds of detention to be communicated and the provision for a review by an advisory board.

It's important to note that Article 22 provides certain exceptions during times of emergency, such as during a proclamation of Emergency by the President of India. In such circumstances, certain restrictions on the rights and safeguards under Article 22 may be imposed.

In the case, D.K. Basu v. State of West Bengal (1997), A Public Interest Litigation was filed by Dr Dilip Kumar Basu related to a case of Custodial violence. The Supreme Court laid down strict guidelines related to custodial violence and deaths. These guidelines are to be followed in all cases of arrest and detention until legal provisions are made for the safeguard of a person in custody.ReferencesIndianKanoon Social Law Today Academic Article

[Editorial comment-The Constitution (Forty-Fourth Amendment) Act, 1978, repealed Article 19 (1) (f) and also took out Article 31(1) has been taken out of Part III and made a separate Article 300A in Chapter IV of Part XII. This amendment may have taken away the scope of speedy remedy under Article 32 for the violation of Right to Property because it is no more a Fundamental Right. Making it a legal right under the Constitution serves two purposes: Firstly, it gives emphasis to the value of socialism included in the preamble and secondly, in doing so, it conformed to the doctrine of basic structure of the Constitution. Also Refer]

Article 22(7) in Constitution of India

(7)Parliament may by law prescribe—

(b)the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and

AI Summary

I am sorry, but the case content provided is insufficient to create a case summary. The title mentions "Article 22(7) in Constitution of India" and the court is listed as "Constitution Subarticle" with a date of "26 January 1950". This is not a complete case citation, and there is no description of the facts, issues, arguments, or the court's reasoning. To provide an accurate summary, I need the actual details of a specific case that involved Article 22(7) of the Indian Constitution.

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Full Case Name: (e.g., A.K. Gopalan v. State of Madras)
Citation: (e.g., AIR 1950 SC 27)
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Issues Presented: The specific legal questions the court was asked to decide.
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