Q77 · UPSC Prelims 2023 · Set A · Polity and Governance

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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?

A Only one
B Only two
C All three
D None

Correct answer: (b) Only two

Explanation

  1. A

    Only one

    Only one. Two statements hold.

  2. B

    Only two

    Only two. Article 355: Union duty to protect States from internal disturbance. Preventive detention is carved out of the Article 22(1) counsel right. POTA allowed police confessions as evidence — so statement 3 is false.

  3. C

    All three

    All three. POTA’s confession clause is the opposite of statement 3.

  4. D

    None

    None. 355 and the PD counsel carve-out stand.

Summary. Official key is (b) only two. Article 355 requires the Union to protect States against internal disturbance. Article 22(3) drops the 22(1) right to counsel for preventive detention. POTA, 2002, made confessions to police admissible — so statement 3 is wrong.

Same topic · past papers

UPSC has asked this before

These previous-year questions sit on the same topic. Open one to practise the earlier ask.

  1. 2019 · Q49 · General Studies · 2 marks

    Consider the following statements: 1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'. 2. The above-mentioned Act was amended five times. 3. The term 'Office of Profit' is well-defined in the Constitution of India. Which of the statements given above is/are correct?

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