RAS question
Article 22 deals with protection against arrest and detention. Which of the following is NOT a right under Article 22(1) and 22(2)?
Correct answer: (A) Right to bail as a matter of course.
A right to bail as a matter of course is not guaranteed by Article 22(1) and Article 22(2) of the Constitution of India.
Explanation
Article 22(1) and Article 22(2) protect an arrested and detained person in specific procedural ways. Article 22(1) says the person must be informed, as soon as may be, of the grounds of arrest, and must not be denied the right to consult and be defended by a legal practitioner of choice. Article 22(2) adds that every arrested and detained person must be produced before the nearest magistrate within twenty-four hours, excluding the journey time from the place of arrest to the magistrate's court. Detention beyond that period needs the authority of a magistrate. These clauses do not create an automatic or routine right to bail, so option A is outside Article 22(1) and (2).
Why the other options are wrong
- (B) Being informed of the grounds of arrest is expressly protected by Article 22(1), so it is a right under these clauses.
- (C) The right to consult and be defended by a legal practitioner of choice is directly stated in Article 22(1).
- (D) Production before the nearest magistrate within twenty-four hours, excluding journey time, is the core safeguard stated in Article 22(2).
Concept
This tests the Fundamental Rights safeguards against arrest and detention under Part III. It recurs in RAS because Article 22 is a compact but frequently confused provision where bail is often wrongly mixed up with arrest-procedure guarantees.