Constitution — Central Govt duty to protect States from internal disturbances; preventive detention and legal counsel; POTA confession as evidence
Question
Consider the following statements: How many of the above statements are correct?
- 1.
According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
- 2.
The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
- 3.
According to the Prevention of Terrorism Act, 2002, confession of the accused before the police cannot be used as evidence.
Options
Only one
Only two
All three
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.
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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