Question map
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 :
Explanation
The Armed Forces (Special Powers) Act (AFSPA), 1958, is not limited to Manipur, Tripura, and Nagaland; it has historically applied to various parts of the Northeast and Jammu & Kashmir, making Statement 1 incorrect. Statement 2 is correct as Section 5 of the Act mandates that any person arrested under its provisions must be handed over to the officer-in-charge of the nearest police station with the 'least possible delay' along with a report of the circumstances. Statement 3 is incorrect because, following the 1972 amendment, the power to declare an area 'disturbed' rests not only with the State Governor but also with the Central Government and the Administrator of a Union Territory. The Act is rooted in Articles 33 and 34 of the Constitution, which empower Parliament to protect personnel maintaining order .
Sources
- [1] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM WITH A STRONG CENTRAL GOVERNMENT > p. 163