Fundamental Rights Part-I

Article 22(2) further provides that the person arrested or detained in custody must be produced before the nearest Magistrate within 24 hours of his arrest or detention. This time period does not include the time taken to travel from the place of arrest to the court of the Magistrate.

Further, it provides that no person can be detained in custody after the above-mentioned period has passed, without the permission of the Magistrate.
Clause (3) is an exception to Article 22(1) and 22(2). It states that the said clauses are not applicable to:

Any person who has been arrested or detained under any preventive detention law.
Article 22(4) provides that no person can be detained for more than three months under any law relating to preventive detention, unless it has been opined by the Advisory Board that such detention is justified.

As per Article 22(5), it is mandatory to disclose the grounds of arrest or detention to the arrestee or person detained in custody. The person must also be given an opportunity to make representation against the order of his detention.

Article 22(6) states that the detaining authority is empowered to not disclose facts that are against public interest, while disclosing the grounds of arrest or detention to the concerned person.

Under Article 22(7), lays down that the Parliament has been empowered to prescribe the Circumstances or classes under which a person may be detained for more than three months, without obtaining any opinion of the Advisory Board.

Maximum period for which a person can be detained under preventive detention laws. Procedure to be followed by an Advisory Board in an inquiry as per clause 4 of Article 22.

Article 22 of the Constitution provides protection against arrest and detention in certain cases. Clause (5) of this Article says that when any person is detained in pursuance of an order made under any law providing for preventive detention.

The authority making the order shall, as soon as may be possible communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

Thus, Article 22(5) provides a legal opportunity to the detainee. Hence statement II is not correct. As per the Prevention of Terrorism Act, 2002 (repealed in 2004), a confession made by a person before a police officer and recorded by that police officer either in writing or on any mechanical or electronic device shall be admissible in the trial of such person for an offence under this Act.

Hence statement III is also incorrect.

Parole is not recognized as a right in India, despite the fact that it has administrative importance. A prisoner's claim to parole is not absolute, and prison authorities have considerable discretion in granting parole to that prisoner. However, parole is considered a right for prisoners by a number of international accords and organizations.

The grant of parole is governed by rules made under the Prison Act, 1894 and the Prison Act, 1900. Many State governments have also formulated guidelines to bring out objectivity and facilitate decision-making to determine whether parole needs to be granted in a particular case or not.

Such decisions are taken in accordance with guidelines framed from time to time. The Prisons (Bombay Furlough and Parole) Rules, 1959, have been enacted by exercising rule-making power under section 59(5) of the Prisons Act, 1984.

Hence statement 1 is wrong and 2 is correct.

Carrying and wearing of 'Kripans' by Sikhs is deemed as the right to freedom of religion by virtue of Explanation-l of the Article 25. The right to conversion of religion by religious bodies or institutes is not provided under this Article.

Carrying and wearing of 'Kripans' by Sikhs is deemed as the right to freedom of religion by virtue of Explanation-l of the Article 25. The right to conversion of religion by religious bodies or institutes is not provided under this Article.

Carrying and wearing of 'Kripans' by Sikhs is deemed as the right to freedom of religion by virtue of Explanation-l of the Article 25. The right to conversion of religion by religious bodies or institutes is not provided under this Article.

Article 25 (1) guarantees to every person "subject to public order, morality and health and to the other provisions of Part III of the Constitution the freedom of conscience and the right to profess, practise and propagate religion".

Article 25 (2) provides that: Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-

• Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.
• Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Article 25 (2) provides that: Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-

• Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.
• Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

The rights under Article 26 are also subject to public order, morality & health but not subject to other restrictions related to the fundamental rights.

Article 29: Protection of interests of minorities

(1)Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2)No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.