Q20 · UPPSC Prelims 2023 · Set A · General Studies

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Which of the following is NOT a part of Article 20 of the Constitution of India?

A Prohibition against Self-Incrimination
B Double Jeopardy Clause
C Prohibition Against Torture
D Ex-post Facto Law

Correct answer: (c) Prohibition Against Torture

Explanation

  1. A

    Prohibition against Self-Incrimination

    Option (a) claims that prohibition against self-incrimination is a part of Article 20, specifically under clause (3). This is indeed enshrined in the Constitution, making this statement a valid part of Article 20 rather than the correct answer to this 'NOT' question.

  2. B

    Double Jeopardy Clause

    Option (b) claims that the double jeopardy clause is protected under Article 20, specifically under clause (2). This is a correct constitutional provision ensuring a person is not prosecuted and punished for the same offence more than once, thus it is not the right choice.

  3. C

    Prohibition Against Torture

    Option (c) claims that the prohibition against torture is a part of Article 20. This is incorrect because protection against torture and cruel punishment is not explicitly enumerated under Article 20, though it is derived by the Supreme Court under the broader ambit of Article 21. Because it is not part of Article 20, this option correctly answers the question.

  4. D

    Ex-post Facto Law

    Option (d) claims that ex-post facto law protection is guaranteed under Article 20, specifically under clause (1). This constitutional safeguard prevents retroactive criminal legislation, confirming that it is indeed a part of Article 20 and thus not the correct choice.

Summary. Official key is (c) because the prohibition against torture is not a part of Article 20 of the Constitution of India. Article 20 specifically grants three protections: ex-post facto laws, double jeopardy, and self-incrimination. Protection against torture is instead read into the right to life and personal liberty under Article 21 by judicial interpretation. Candidates often confuse various fundamental rights protections, making it vital to distinguish between Article 20 clauses and Article 21 guarantees. Therefore, option (c) is the correct answer to this negative-form question.

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