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Prelims 2023 · Q77 · Centre–state relations

Consider the following statements :

  1. 1.According to the Constitution of India, the Central Government has a duty to protect States from internal disturbances.
  2. 2.The Constitution of India exempts the States from providing legal counsel to a person being held for preventive detention.
  3. 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?

Show answer

Answer: B. Statement 1 is correct: Article 355 makes it the Union's duty to protect States against external aggression and internal disturbance. Statement 2 is correct: Article 22(3) says the right to consult a lawyer under Article 22(1) does not apply to preventive detention. Statement 3 is wrong: Section 32 of POTA, 2002 allowed confessions made to senior police officers to be used as evidence. So only two.

Watch for: Under normal law police confessions are inadmissible, so students assume POTA was the same; it was a special exception.

Why the other options are wrong
  • A. Wrong because statements 1 and 2 are both correct.
  • C. Wrong because POTA allowed police confessions as evidence.
  • D. Wrong because statements 1 and 2 are correct.

Source to check: Constitution of India, Articles 22 and 355; Prevention of Terrorism Act, 2002, Section 32

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.