Article 22(1) UPSC NOTE

  What is SC recent judgement

  • The Supreme Court has clarified in a judgment that the Enforcement Directorate (ED) need not furnish a person accused under the Prevention of Money Laundering Act (PMLA) with a copy of the grounds of detention at the time of his arrest.

  • A Bench headed by Justice Bela M. Trivedi held that the written communication of the grounds of arrest need to be provided only within a “reasonable period” of the arrest, that is, within 24 hours of the arrest.

 What is SC recent judgement

  • The judgment comes amid debate that non-communication of the grounds of arrest was a violation of Article 22(1) of the Constitution, which upholds the fundamental right of any person who is in custody to be informed as to why he has been arrested.

Article 22(1)

  • Article 22(1) of the Indian Constitution is a fundamental right that safeguards against arbitrary arrest and detention

  • Right to be informed of the grounds for arrest.

  • This means the arrested person must be informed, as soon as possible, of the reasons for their arrest

  • This helps prevent arbitrary detentions and ensures transparency in the legal process.

  • Right to consult and be defended by a legal practitioner of their choice.

  • The arrested person has the right to consult with a lawyer of their choosing

  • This lawyer can advise them of their rights, represent them in court, and ensure that their legal interests are protected.

  • These rights are crucial for protecting personal liberty and preventing abuse of power by the authorities. 

  • They ensure that individuals are not detained without knowing why and that they have access to legal representation to defend themselves.



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Learnerz IAS | Concept oriented UPSC Classes in Malayalam: Article 22(1) UPSC NOTE
Article 22(1) UPSC NOTE
Learnerz IAS | Concept oriented UPSC Classes in Malayalam
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