Article 22 of Constitution provides for protection against arrest and detention in certain cases but its clause 3(b) negates the provided rights and turns the Fundamental rights to dangers. Constituent Assembly thought that it shall deny liberty of the individual. According to Dr. Ambedkar insertion of this Article would prevent the harm caused by not using the term due process of law.

“Due process of law” provides that the law itself and the procedure followed to enact it are both, just, fair and reasonable. “Procedure established by law” i.e., if proper procedure is followed to enact the law, then it is valid irrespective of it being fair or just, was used instead, to prevent the Supreme Court from acting as a hurdle in the way of legislature.

The presence of this Article enabled a dangerous regime of Central and State preventive detention laws e.g., National Security Act, 1980, Tamil Nadu Goondas Act, 1982, etc. Supreme Court decisions in cases like A.K. Roy which upheld the validity of non-representation by lawyer to persons under preventive detention have made it only worse. Thus, the validity of this “fundamental right” should be scrutinized and subjected to test of Articles 14, 19, 21 also.

(Read further: https://ijcl.nalsar.ac.in/wp-content/uploads/2020/08/9IndianJConstL173_Sekhri.pdf)