Fundamental Rights under Articles 20 and 22

The Right to Freedom, established as a fundamental right within the Indian Constitution, is integral to the realization of liberty. The various provisions encompassed by this right serve as the foundational elements upon which the structure of liberal democracy is constructed. This article explores the intricacies of the provisions associated with the Right to Freedom, including their implications, importance, exceptions, and additional aspects.

Synopsis:

1. Introduction
2. Article 20 And 22
3. Significance of Right to Freedom
4. Article 20: Protection against the conviction of offences 
5. Article 22: Protection Against Arrest and Detention
6. Case Law
7. Conclusion

1. Introduction
   
   Fundamental rights are essential entitlements recognized as vital for upholding human dignity and personal freedoms. These rights are generally enshrined in a nation’s constitution or international agreements and encompass freedoms such as speech, religion, and association, alongside safeguards against discrimination, torture, and slavery. Among the six fundamental rights guaranteed by the Indian Constitution is the right to freedom.
   
   Article 20 safeguards individuals against capricious actions by the state and ensures that they are not wrongfully convicted of crimes. It also provides protection against being tried for the same offense multiple times and against self-incrimination. Article 22 offers protection against arrest and detention under specific circumstances, extending its safeguards to all individuals, irrespective of their citizenship status.
   
2. Article 20 And 22
   
   

Article	Brief description
Article 20	Protection with respect to conviction for offences
Article 22	Protection against arrest and detention in certain cases

3. Significance of Right to Freedom
   
   1. Foundation of Democratic Governance – This principle serves as the fundamental basis of democracy by enabling citizens to articulate their opinions and engage in the governance framework. It guarantees that individuals can influence the policies and decisions that impact their lives.
   2. Empowerment of Individuals – These rights grant individuals the ability to exercise their autonomy and pursue their personal interests without excessive interference from governmental or other institutions.
   3. Encouragement of Pluralism and Diversity – It cultivates an environment of pluralism and diversity, allowing various viewpoints, beliefs, and perspectives to coexist. This environment promotes dialogue, debate, and the sharing of ideas, which contributes to intellectual growth and societal advancement.
   4. Defense Against Oppression – The right to freedom acts as a safeguard against authoritarianism and oppression by constraining the government’s ability to encroach upon individual rights.
   5. Upholding Human Dignity – Essential freedoms, including the right to life, personal liberty, and protection from arbitrary detention, reinforce the intrinsic dignity of each individual. They ensure that all individuals are treated with respect and fairness, regardless of their background, beliefs, or status.
   6. Promotion of Socio-Economic Advancement – The rights to movement, residence, and profession empower individuals to seek opportunities, pursue their livelihoods, and contribute to the nation’s economic growth.
   7. Advancement of Social Justice – This framework encompasses provisions for education, legal assistance, protection against exploitation, and other social welfare initiatives designed to foster equity and social justice.

4. Article 20: Protection against the conviction of offences
   
   This right safeguards individuals from arbitrary and disproportionate punishment, applicable to citizens, foreigners, and legal entities such as corporations. It encompasses three key provisions:
   
   Prohibition of ex-post-facto laws: This provision prevents individuals from being penalized under laws that are enacted retroactively or that impose harsher penalties than those in effect at the time the offense was committed. Consequently, no individual shall be:
   A. Convicted of an offense unless it violates a law that was in effect at the time of the act.
   B. Subject to a penalty exceeding that which was prescribed by the law at the time of the act’s commission.
   
   The restriction against ex-post-facto laws applies solely to criminal legislation, allowing for retrospective civil liabilities or tax obligations. This provision only bars convictions or sentences under retroactive criminal laws, not the trials themselves. Additionally, this protection does not apply in cases of preventive detention or when security is demanded from an individual.
   
   Protection against double jeopardy: No individual shall face prosecution or punishment for the same offense more than once.This protection is applicable only in judicial proceedings before a court or tribunal, and does not extend to administrative or departmental proceedings.
   
   Right against self-incrimination: An accused individual cannot be forced to testify against themselves.
   
   Key points regarding this provision include:
   This protection covers both oral and documentary evidence. However, it does not extend to:
   A. The compulsory production of physical evidence.
   B. The requirement to provide a thumbprint, specimen signature, or blood sample.
   C. The mandatory exhibition of one’s body.
   
   This right is limited to criminal proceedings and does not apply to civil or other non-criminal proceedings.

5. Article 22 – Protection Against Arrest and Detention
   
   Article 22 of the Indian Constitution offers safeguards for individuals who are arrested or detained by the State. It encompasses provisions that protect the right to personal freedom, ensuring that individuals are not unlawfully deprived of their liberty. Specifically, Article 22 grants the right to be informed of the grounds for arrest, enabling individuals to seek legal counsel of their choice, to be presented before a magistrate within 24 hours of arrest, and to not be detained beyond this period without a court order.
   
   Furthermore, the Constitution permits the State to legislate for preventive detention, albeit with certain additional safeguards as specified in Article 22. The Constituent Assembly expressed considerable skepticism and concern regarding the provisions for preventive detention, leading to their cautious approval in 1949 after several amendments. Under Article 22, an individual may be detained under a preventive detention law for a maximum of three months without trial, with any extension requiring the consent of an advisory board. The detained individual is entitled to be informed of the reasons for their detention and to make a representation against it at the earliest opportunity.

6. Case Law
   
   Article 20 and 22 of the Constitution was examined in the case of D.K. Basu v. State of West Bengal, where the significance of the rights afforded to individuals under arrest was emphasized. The court noted the frequent misuse of arrest powers, leading to unlawful detention. Consequently, it established a detailed set of guidelines that must be adhered to by authorities during the processes of arrest and detention. Furthermore, it asserted that any instances of torture inflicted upon the arrestee would warrant the provision of compensation.
   
   
7. Conclusion
   
   The right to freedom enshrined in the Indian Constitution necessitates a careful equilibrium between individual liberties and the broader public interest. It is essential to foster public discourse, enhance institutional frameworks, and advocate for digital freedoms, both by governmental entities and other stakeholders. Additionally, safeguarding vulnerable communities is crucial. Such measures will ensure that the right to freedom continues to be a fundamental element of Indian democracy and plays a significant role in our social, political, and economic advancement.