The protection against arrest and detention under Article 22 of the Constitution of India is not available to 1. an enemy alien 2. a person detained under a preventive detention law 3. a foreigner 4. an overseas citizen of India Select the correct answer using the code given below.

Article 22 of the Constitution of India provides procedural safeguards to persons who are arrested or detained, such as the right to be informed of grounds and the right to consult a legal practitioner. However, Article 22(3) explicitly creates two exceptions where the protections of clauses (1) and (2) do not apply. These exceptions are: (a) any person who for the time being is an enemy alien, and (b) any person who is arrested or detained under any law providing for preventive detention [1]. While Article 22 generally applies to both citizens and foreigners (friendly aliens), enemy aliens are specifically excluded from these procedural benefits [1]. Overseas Citizens of India (OCI) and general foreigners (friendly aliens) are not excluded by Article 22(3). Therefore, the protection is not available only to enemy aliens and those under preventive detention.

Sources

1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 7: CITIZENSHIP > CITIZENSHIP > p. 83