Consider the following statements:According to the Constitution of India, the Central Government has

Question

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

Accepted Answer

Statement 1 is correct: According to Article 355 of the Indian Constitution, it shall be 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.Statement 2 is not correct: Article 22 (5) of the Indian Constitution does provide for the following when any person is detained in pursuance of an order made under any law providing for preventive detention. The authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order, which means, legal options to question the detention have been provided in the constitution.Statement 3 is not correct: The Prevention of Terrorism Act, 2002 was an Act passed by the Parliament of India in 2002, with the objective of strengthening anti-terrorism operations. In 2004, the Act was repealed. As per the act, a confession made by a person before a police officer (not lower in rank than a Superintendent of Police) and recorded by that police officer either in writing or on any mechanical or electronic device shall be admissible in the trial of such person for an offence under this Act.Source Citation: Laxmikanth