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 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?
Explanation
Statement 1 is correct: Article 355 explicitly places a duty on the Union to protect every State against external aggression and internal disturbance.
Statement 2 is correct: Article 22(3) exempts persons held under preventive detention laws from the standard safeguards guaranteeing the right to consult and be defended by a legal practitioner — states aren’t constitutionally required to provide counsel in such cases.
Statement 3 is incorrect: Under Section 32 of POTA, 2002, a confession made before a police officer of a rank not below Superintendent of Police was actually made admissible as evidence — the opposite of what’s claimed.
With statements 1 and 2 correct, the answer is Option B.