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UPSC Prelims 2023GS1Polity & GovernanceConstitutional Provisions and Legal Acts

Q97. 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✓ Correct
B. Only two
C. All three
D. None

Detailed Solution

✓ Correct Answer: Option A

Let's evaluate each statement: 1. **Statement 1**: Correct. Article 355 of the Indian Constitution explicitly states that it is the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution.

2. **Statement 2**: Incorrect. While preventive detention curtails certain freedoms, Article 22(5) of the Constitution mandates that the detaining authority must communicate the grounds of detention and afford the person the earliest opportunity to make a representation against the order.

This implies access to legal recourse, and the Constitution does not exempt states from ensuring this right. 3. **Statement 3**: Incorrect. The Prevention of Terrorism Act (POTA), 2002, controversially allowed confessions made before a police officer (not below the rank of Superintendent of Police) to be admissible as evidence, which was a significant departure from the general rule under the Indian Evidence Act, 1872.

POTA was repealed in 2004. Therefore, only one statement is correct. This question tests detailed knowledge of constitutional provisions, fundamental rights, and specific legal acts, which are core to UPSC Polity & Governance.

Current Affairs Link

Preventive detention and related laws are frequently in the news, often due to Supreme Court pronouncements.

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