📘 Q.12 IAS Prelims 2023 — Polity & Governance: Union–State Relations & Preventive Detention
🧷 Authentic Classroom Explanation by IAS Monk
📍 The Question:
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?
(a) Only one
(b) Only two
(c) All three
(d) None
✅ Correct Answer: (a)
🔎 Curiosity Raiser (UPSC trap)
UPSC is combining:
- Union’s constitutional duty,
- Preventive detention safeguards, and
- Special anti-terror laws
The trap lies in assuming general criminal law principles apply uniformly to special security laws.
🧠 Core Concept Tested
Article 355, Article 22, and special provisions under POTA
🔍 Classroom Explanation (UPSC Prelims Focused)
Statement 1 ✅
- Article 355 of the Constitution clearly states that:
- It is the duty of the Union to protect every State against external aggression and internal disturbance.
👉 Statement 1 is correct.
Statement 2 ❌
- Article 22(5) mandates that a person under preventive detention:
- must be informed of the grounds of detention, and
- must be given the earliest opportunity to make a representation.
- This implies constitutional safeguards, not exemption from legal remedies.
👉 Statement 2 is incorrect.
Statement 3 ❌
- Under the Prevention of Terrorism Act (POTA), 2002:
- Confessions made before a police officer not below the rank of Superintendent of Police were admissible as evidence.
- Though POTA was repealed in 2004, this provision existed during its operation.
👉 Statement 3 is incorrect.
❌ Why the final answer is (a)
- Only Statement 1 is correct.
- Statements 2 and 3 are incorrect.
- Hence, Only one statement is correct.
📘 Enrich Notes (Prelims Value Add)
- Article 355 → Union’s duty to protect States
- Preventive Detention (Art. 22) → Limited safeguards, not total denial of rights
- POTA (2002–2004) → Departure from CrPC rules on confessions
📌 Prelims Recall Line
Union must protect States; detention has safeguards; terror laws dilute normal procedure.
🧘♂️ IAS Monk Whisper
In extraordinary times, the law bends—
but the Constitution still watches.