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?
(a) Only one
(b) Only two
(c) All three
The correct answer is (a) Only one.
Statement 1 is correct. Article 355 of the Constitution of India states that the Union shall protect every State against external aggression and internal disturbance and shall ensure that the government of every State is carried on in accordance with the provisions of this Constitution.
Statement 2 is incorrect. Article 22(1) of the Constitution of India states that no person shall be deprived of his life or personal liberty except according to procedure established by law. This means that a person being held for preventive detention is entitled to legal counsel.
Statement 3 is incorrect. The Prevention of Terrorism Act, 2002, does not specifically state that confession of the accused before the police cannot be used as evidence. However, Section 16 of the Act states that “No confession made by any person to a police officer shall be admissible in any proceeding against such person.” This means that a confession made by the accused to the police can only be used as evidence if it is corroborated by other evidence.
Therefore, only statement 1 is correct.