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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?
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".
PROVENANCE & STUDY PATTERN
Guest previewA classic mix of static Constitutional text (Art 355, Art 22) and 'Legal GK' regarding repealed acts (POTA).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.
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?
- Statement 2: Under the Constitution of India (Article 22), is a person detained under preventive detention entitled to be provided legal counsel by the State?
- Statement 3: Under the Prevention of Terrorism Act, 2002, are confessions made by an accused to police officers admissible as evidence in court?
- 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).
- 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.
- 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.
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