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?

QUESTION

Hard

Indian Polity

Prelims 2023

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?

Select an option to attempt

Explanation

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 correct: Article 22(3)(b) mentions that individuals detained under preventive detention laws are not initially entitled to consult or be defended by a legal practitioner until the grounds of detention are disclosed to them. Although the constitution allows for exceptions in preventive detention cases, it does not prohibit state governments from providing legal counsel to the detained person. The state has the discretion to offer legal assistance if it wishes.
Statement 3 is incorrect: Section 32(1) of POTA 2002 allows confessions made to a police officer of at least Superintendent rank, overriding certain provisions of the Code of Criminal Procedure and the Indian Evidence Act. Hence statement 3 is incorrect.