The person to be arrested is entitled to know the grounds for arrest as per which of the following articles of the Indian Constitution?

The correct answer is Article 22.

Key Points

• Article 22 of the Indian Constitution safeguards the rights of individuals in cases of arrest and detention.
• It mandates that the person being arrested must be informed of the reasons for their arrest at the earliest opportunity.
• The article also provides the right to consult and be defended by a legal practitioner of their choice.
• In cases of preventive detention, Article 22 specifies that such detention cannot exceed three months unless approved by an Advisory Board.
• This provision ensures protection against arbitrary arrest and serves as a cornerstone for the rule of law in India.

Additional Information

• Preventive Detention:
  • Preventive detention refers to the act of detaining a person to prevent them from committing a potential offense.
  • Under Article 22, preventive detention requires justification and is subject to judicial review.
  • The detainee must be presented before an Advisory Board within three months of detention.
• Rights under Article 22:
  • Protection against arrest and detention without being informed of the grounds of arrest.
  • Right to legal representation through an advocate of their choice.
  • Time-bound judicial oversight in cases of preventive detention.
• Exemptions under Article 22:
  • The rights under Article 22 do not apply to enemy aliens.
  • Special laws such as the National Security Act (NSA) may have specific provisions for preventive detention.
• Judicial Interpretation:
  • The Supreme Court of India has consistently upheld Article 22 as a critical safeguard against arbitrary state actions.
  • In landmark cases like A.K. Gopalan vs. State of Madras, the judiciary clarified the scope and limitations of this article.