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Q7 (CDS-II/2010) Polity & Governance › Governance, Policies & Social Justice › Rights-based legislations Answer Verified

Which of the following statements is not correct regarding the Armed Forces (Special Powers) Act ?

Result
Your answer: —  Â·  Correct: B
Explanation

The Armed Forces (Special Powers) Act (AFSPA) is primarily applicable in areas designated as 'disturbed' in Northeast India and Jammu & Kashmir [t1, t5]. It is not the primary legal framework for operations against Naxals (Left Wing Extremism), where the Unlawful Activities (Prevention) Act and state police actions under ordinary law generally apply. Statement 1 is correct as Section 6 of the Act provides legal immunity, requiring central government sanction for prosecution [t2, t4, t5]. Statement 3 is correct as there has been widespread agitation and civil society protest against the Act due to human rights concerns [c1, c4, t1]. Statement 4 is correct as the Justice B.P. Jeevan Reddy Committee was indeed constituted in 2004 to review the Act and recommended its repeal [t3, t7]. Therefore, statement 2 is the incorrect one regarding AFSPA's standard application.

Sources

  1. [1] https://psj.lse.ac.uk/articles/120/files/submission/proof/120-1-274-1-10-20220428.pdf
  2. [2] https://www.amnesty.org/ar/wp-content/uploads/2021/08/asa200252005en.pdf
  3. [3] https://www.justice.gov/file/265706/dl?inline=
  4. [4] https://2009-2017.state.gov/documents/organization/186675.pdf
  5. [5] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM WITH A STRONG CENTRAL GOVERNMENT > p. 163
  6. [6] Rajiv Ahir. A Brief History of Modern India (2019 ed.). SPECTRUM. > Chapter 39: After Nehru... > Trouble in Kashmir > p. 764
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SIMILAR QUESTIONS

CDS-I · 2015 · Q84 Relevance score: 5.02

Which of the following statement(s) with regard to the Armed Forces (Special Powers) Act, 1958 is/are correct ? 1. The Act is applicable only to the States of Manipur, Tripura and Nagaland. 2. A person taken into custody under the above Act must be handed over to the officer-in-charge of the nearest police station with least possible delay. 3. An area can be declared as a disturbed area under the above Act only when the State Government is of the opinion that the use of the armed forces in aid of civil power is necessary to contain a dangerous condition in the concerned area. Select the correct answer by using the code given below :

CDS-I · 2015 · Q77 Relevance score: 4.01

Which one of the following statements is not correct ?

CDS-I · 2015 · Q63 Relevance score: 3.44

Which one of the following statements is incorrect ?

CDS-I · 2011 · Q84 Relevance score: 3.17

Which of the statements given below is/are correct? 1. The Armed Forces Special Power Act (AFSPA) was first enforced in the hills of Assam. 2. The AFSPA is enforced in regions notified as disturbed area. 3. Under the provisions of the Act, the Chief Minister of a State can declare the whole State or part of it as disturbed area. Select the correct answer using the code given below : Code :

CDS-I · 2015 · Q98 Relevance score: 3.08

Which one of the following statements is correct ?