The advisory board under provisions of Article 22 of the Constitution is to be consisted of persons who are, or have been or are qualified to be appointed as __________.

The correct answer is Judges of High court.

Let us understand this through a detailed explanation of the relevant constitutional provision.

Background – Article 22 of the Indian Constitution:
Article 22 deals with Protection against arrest and detention in certain cases. It provides safeguards both against ordinary arrests and against preventive detention. The clause specifically relevant here is Article 22(4), which governs the system of preventive detention beyond a period of three months.

What is the Advisory Board?
Under Article 22(4)(a) of the Constitution of India, no law providing for preventive detention shall authorize the detention of a person for a period longer than three months unless an Advisory Board has reported, before the expiration of that period, that there is, in its opinion, sufficient cause for such detention.

Composition of the Advisory Board – Article 22(4)(a):
The Advisory Board must consist of persons who are, or have been, or are qualified to be appointed as Judges of a High Court. This is the explicit constitutional requirement. The rationale behind this is to ensure that the board reviewing a preventive detention order is composed of legally qualified and judicially experienced individuals, thereby providing an independent and credible check on executive power.

Why not the other options?

- Judges of Lower Court / District Court: These judges do not meet the constitutional threshold specified under Article 22. The framers deliberately set a higher standard — High Court calibre — to maintain the seriousness and independence of the review process.
- Judges of the Supreme Court: The Constitution does not specify Supreme Court judges for this board. High Court judges (or those qualified for such appointment) represent the prescribed standard under Article 22(4)(a).

Key Takeaway:
Article 22(4)(a) of the Constitution of India explicitly mandates that the Advisory Board for preventive detention cases must be composed of persons who are, or have been, or are qualified to be appointed as Judges of a High Court. This constitutional safeguard ensures judicial oversight over executive decisions regarding preventive detention, protecting individual liberty against arbitrary state action.