Question

Under Article 22 of the Constitution of India, with the exception of certain provisions stated there in, what is the maximum period for detention of a person under preventive detention?
1. 2 months
2. 3 months
3. 4 months 
4. 6 months

Answer 1

Correct Answer - Option 2 : 3 months

The correct answer is 3 months.

• Article 22 of Indian Constitution provides safeguards against misuse of police powers regarding arrests and detentions.
• Article 22(2) states every person who has been detained must be produced before a magistrate within 24 hours of such arrest excluding the travel time.
• Article 22(4) states that an individual cannot be detained for more than 3 months unless HC bench or Advisory board decides to extend the time.

• Article 22 is one of the fundamental rights (FR) which comes under Part III of the Indian constitution.
• Article 12 - Definition of FR
• Article 13 - Laws inconsistent with FR
• Article 14-18 - Right to Equality
• Article 19-22 - Right to Freedom
• Article 23-24 - Right against Exploitation
• Article 25-28 - Right to freedom of Religion
• Article 29-30 -  Cultural and Educational rights
• Article 32 - Right to constitutional remedies

• Fundamental Rights have been borrowed from the American constitution.