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Q77·GS Paper 1 · Prelims 2023

Constitution — Central Govt duty to protect States from internal disturbances; preventive detention and legal counsel; POTA confession as evidence

PolityJudiciary & Legal FrameworkHow-many countingHardStatic

Question

Consider the following statements: How many of the above statements are correct?

  1. 1.

    According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.

  2. 2.

    The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.

  3. 3.

    According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.

Options

a

Only one

b

Only two

Answer
c

All three

d

None

Explanation

Statements 1 and 2 are correct. Article 355 explicitly imposes a duty on the Union to protect states from internal disturbance. Article 22(3) denies the right to legal counsel for individuals under preventive detention. Statement 3 is incorrect; POTA (2002) controversially allowed confessions made to a police officer (SP rank or higher) to be directly admissible as evidence, bypassing normal evidence rules.

Preventive detention laws strip away standard Article 22 protections, and draconian anti-terror laws (like POTA/TADA) historically bypassed police confession inadmissibility.

Answer: (b).

Question details

Year

2023

Paper

GS Paper 1

Question

Q77

Subject

Polity

Sub-topic

Judiciary & Legal Framework

Type

How-many counting

Difficulty

Hard

Nature

Static

Source hint

Constitution Art.355

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