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Q77 (IAS/2023) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Preventive detention Official Key

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

Result
Your answer:  ·  Correct: B
Explanation

The correct answer is Option 2 (Only two). This is because statements 1 and 2 are correct, while statement 3 is incorrect.

  • Statement 1 is correct: Under Article 355 of the Constitution, it is the explicit duty of the Union (Central Government) to protect every State against external aggression and internal disturbance.
  • Statement 2 is correct: Article 22(3) of the Constitution specifies that the fundamental right to consult and be defended by a legal practitioner (Article 22(1)) does not apply to a person arrested or detained under any law providing for preventive detention.
  • Statement 3 is incorrect: Unlike the general rule in the Indian Evidence Act, Section 32 of the Prevention of Terrorism Act (POTA), 2002, specifically allowed confessions made before a police officer (not below the rank of SP) to be admissible as evidence, provided certain safeguards were met.

Since only statements 1 and 2 are accurate, the correct choice is "Only two".

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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. According to the Constitution of India, the Central Government has a duty to protect States from …
At a glance
Origin: Books + Current Affairs Fairness: Low / Borderline fairness Books / CA: 3.3/10 · 6.7/10
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A classic mix of static Constitutional text (Art 355, Art 22) and 'Legal GK' regarding repealed acts (POTA). While Statements 1 and 2 are directly from Laxmikanth, Statement 3 tests the specific 'draconian' feature that made POTA controversial. Success required knowing the exceptions to Fundamental Rights, not just the rights themselves.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does Article 355 of the Constitution of India impose a duty on the Union (Central) Government to protect States from internal disturbance?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Grounds of Imposition > p. 178
Presence: 5/5
“Article 355 imposes a duty on the Centre to protect every state against external aggression and internal disturbance, and to ensure that the government of every state is carried out in accordance with the provisions of the Constitution. It is this duty in the performance of which the Centre takes over the government of the state under Article 356 in case of failure of constitutional machinery in the state. This is popularly known as 'President's Rule'. The President's Rule can be proclaimed under Article 356 itself and another in Article 365: • 1. Article 356 empowers the President to issue a proclamation, if she is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution .”
Why this source?
  • Directly states Article 355 imposes a duty on the Centre to protect every state against external aggression and internal disturbance.
  • Explicitly connects this duty to ensuring state governments are carried on according to the Constitution (basis for central action).
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 15: Centre State Relations > 10. Other Provisions > p. 151
Presence: 5/5
“The Constitution contains the following other provisions which enable the Centre to exercise control over the state administration: (i) Article 355 imposes two duties on the Centre: (a) to protect every state against external aggression and internal disturbance; and (b) to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. (ii) The governor of a state is appointed by the President. He/she holds office during the pleasure of the President. In addition to the Constitutional head of the state, the governor acts as an agent of the Centre in the state.”
Why this source?
  • Specifies the two duties under Article 355, one being protection against external aggression and internal disturbance.
  • Frames Article 355 as a constitutional provision empowering Centre's supervisory/control role over state administration.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 15: Centre-State Relations > Punchhi Commission > p. 163
Presence: 5/5
“of the Supreme Court in S.R. Bommai case (1994). This would remove possible misgivings in this regard on the part of states and help in smoothening Centre-state relations. • 19. Given the strict parameters now set for invoking the emergency provisions under Articles 352 and 356 to be used only as a measure of "last resort, and the duty of the Union to protect states under Article 355, it is necessary to provide a Constitutional or legal framework to deal with situations which require Central intervention but do not warrant invoking the extreme steps under Articles 352 and 356 Ministers, Chaired by one of the Chief Minister by rotation can be similarly thought about particularly to co-ordinate policies of sectors like energy, food, education, environment and health. • 23.”
Why this source?
  • Refers to the duty of the Union to protect states under Article 355 when discussing limits and frameworks for central intervention.
  • Places Article 355 in the practical context of when the Centre may need to intervene short of extreme emergency measures.
Statement analysis

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Statement analysis

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