Civil Services Prep

Prelims 2023 · Polity and Constitution · Question 97

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?

  1. Only one
  2. Only two
  3. All three
  4. None

Answer

Only one

1. Correct. Article 355 expressly says the Union shall protect every State against external aggression and internal disturbance.

2. Incorrect. The Constitution does not exempt States from providing legal counsel in preventive detention in the broad way stated. Article 22(3) excludes preventive detention from the safeguards in Article 22(1) and 22(2), but Article 22(5) still gives the detenue the right to make a representation; the statement is overbroad and hence not correct as framed.

3. Incorrect. Under POTA, 2002, confession before a police officer of the prescribed rank was admissible subject to safeguards, so this statement is false.

Hence, only one statement is correct.

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