GS PrelimsPolityCenter State Relations2023 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?
Correct Answer: Option B
Explanation
1. Statement 1: Article 355 of the Constitution of India explicitly states that "It shall be the duty of the Union to protect every State against external aggression and internal disturbances...". This statement is correct.
2. Statement 2: Article 22(3)(b) of the Constitution of India states that the rights guaranteed under Article 22(1) and 22(2) (which include the right to consult and be defended by a legal practitioner) shall not apply to a person who is arrested or held in custody under any law providing for preventive detention. Thus, the Constitution itself exempts the States from the obligation under Article 22(1) to provide legal counsel in such cases, although legal aid might be available through other schemes. This statement is correct.
3. Statement 3: The Prevention of Terrorism Act, 2002 (POTA), which has since been repealed, contained a controversial provision (Section 32) that made confessions made by the accused before a police officer (not below the rank of Superintendent of Police) admissible as evidence, subject to certain safeguards. This was an exception to the general rule under the Indian Evidence Act. Therefore, the statement that such confessions cannot be used as evidence under POTA is incorrect.
4. Since statements 1 and 2 are correct, the answer is (B) Only two.
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