UPSC Prelims 2023 Question:

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 a state from providing legal counsel for 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?

Explanation:

• Article 355 states, "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.” So, statement 1 is correct.
  
  
• The Constitution of India, under Article 22, provides certain safeguards regarding preventive detention. While it allows the government to detain individuals without trial for specific periods to maintain public order or national security, it does not prevent the state government from providing legal assistance to the detained person. The state government has the discretion to offer legal counsel to ensure a fair process.
  
  
• Article 22 specifies that an arrested person has the right to consult and be defended by a legal practitioner of their choice. However, this right is exempted during the initial period of preventive detention. Despite this exemption, the state government can choose to provide legal assistance, enhancing the fairness and justice of the detention process​. So, statement 2 is correct.
  
  
• According to the Prevention of Terrorism Act, 2002, confession of the accused before the police can be used as evidence. So, statement 3 is not correct.
  

Therefore, option (2) is the correct answer. 

Subject: Polity | Fundamental Rights