Constitution of India takes effect with Article 22 arrest safeguards

The Constitution of India came into force on 26 January 1950, the day India became a republic. It had been adopted by the Constituent Assembly (the body that drafted it) on 26 November 1949, and the date was chosen to recall the 1930 declaration of independence.

Among its Fundamental Rights, Article 22 set out protections for people who are arrested or detained. A person must be told the grounds for arrest as soon as possible and has the right to consult and be defended by a lawyer of their choice.

Article 22(2) added a time limit: an arrested person must be produced before the nearest magistrate (a lower-court judge) within 24 hours, not counting the travel time from the place of arrest to the court. No one can be held longer without the magistrate's authority.

The rule was meant to stop arbitrary or secret detention by the police and to place early detention under judicial oversight. Article 22 also allows preventive detention, with separate safeguards. Courts have since interpreted the 24-hour requirement in many cases, including on when the clock starts.