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Q84 (CDS-I/2011) Polity & Governance › Governance, Policies & Social Justice › Rights-based legislations Answer Verified

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 :

Result
Your answer: —  Â·  Correct: D
Explanation

Statement 1 is correct as the Armed Forces (Special Powers) Act (AFSPA) was enacted in 1958 specifically to address the Naga insurgency in the Naga Hills, which was then a part of the state of Assam [3]. Statement 2 is correct because the Act's provisions only apply to regions officially notified as 'disturbed areas' under Section 3 [3]. Statement 3 is incorrect; under Section 3 of the AFSPA, the authority to declare an area as 'disturbed' lies with the Governor of the State, the Administrator of a Union Territory, or the Central Government [3]. The Chief Minister does not have the statutory power to make this declaration. While the State Government is often consulted, the legal notification is issued by the Governor or the Centre. Therefore, only statements 1 and 2 are accurate.

Sources

  1. [3] https://www.mha.gov.in/sites/default/files/armed_forces_special_powers_act1958.pdf
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SIMILAR QUESTIONS

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