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?
- (a) Only one
- (b) Only two ✓ UPSC's answer
- (c) All three
- (d) None
Why the answer is (b)
• Statement 1 is correct: Article 355 makes it the duty of the Union to protect every State against external aggression and internal disturbance.
• Statement 2 is correct: Article 22(3) provides that the safeguards of Article 22(1)–(2), including the right to consult and be defended by a lawyer, do not apply to persons detained under preventive-detention laws.
• Statement 3 is wrong: Section 32 of the Prevention of Terrorism Act, 2002 made a confession before a police officer of the rank of SP admissible as evidence — a controversial departure from the ordinary Evidence Act rule; POTA was repealed in 2004.
• Hence two statements, option (b).
Why the other options are wrong
- (a) Only one
- Both statements 1 and 2 are correct, giving two.
- (c) All three
- Statement 3 is wrong: POTA did allow confessions to police as evidence.
- (d) None
- Statements 1 and 2 are correct.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2023, held on 28 May 2023. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.