Question 1 · 10 marks · 133 words written
Opening · a definition
Article 22 is a part of Right to freedom, it protects an individual from illegal detention and provides certain rights
Part of Article 22 considered fundamental Danger
Body · points and prose
(1) Parliament and state legislature could make laws for preventive detention → no trial for [3 months]
(2) [Preventive detention] → limited access to lawyer
(3) further on the basis of a [Board] headed by high court judge detention can be extended to more than [3 months]
(4) Laws such as [U.A.P.A] [N.S.A]
J&K and Jammu and kashmir
prevention law are made under Article 22
→ prone to misuse
Need for such laws → National security threat
- secession
- terrorism → Delay in ordinary criminal justice system
Close · a summary
As the Supreme court has highlighted A.22 is a necessary evil for protecting unity and integrity of India.