UPSC Prelims 2023 · Question 97 of 97
UPSC Prelims 2023 question on Article 355 Union Duty
- ExamUPSC CSE
- Year2023
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicFundamental Rights
- DifficultyHard
- TypeStatement
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?
Show answer
Answer: A. Only one
Verdict
Only statement 1 is correct → Option (a) Only one.
Statement by statement
Statement 1 – 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 – INCORRECT: Article 22(5) of the Indian Constitution does provide that the authority making a preventive detention order shall communicate the grounds of detention and afford the earliest opportunity of making a representation against the order. This means legal options to question the detention are provided — the Constitution does NOT exempt states from providing legal options.
Statement 3 – INCORRECT: The Prevention of Terrorism Act, 2002 was passed by Parliament to strengthen 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 In 2004, the Act was repealed.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 shall be admissible in the trial of such person — meaning confessions COULD be used as evidence.