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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2023, Q47

Contents17
UPSC Prelims GS2023Indian Polity
  1. AOnly one
  2. BOnly two
  3. CAll three
  4. DNone
Show answer

Answer: (A) Only one

Statement 1 is correct:

Article 355 says the Union must protect every state against external aggression and internal disturbance.

Statement 2 is wrong:

Under Article 22(5), a person detained under preventive detention MUST be told the grounds for detention and given a chance to make a representation — so legal remedies ARE available.

Statement 3 is wrong:

Under POTA (2002, now repealed), confessions made to a police officer of SP rank or above WERE admissible in court.

Only one is correct.

Answer is (a).

Why this was asked

Article 355 creates the Union's duty to protect states from internal disturbance, while Article 22 guarantees procedural safeguards even in preventive detention cases.

POTA 2002 was a major anti-terrorism law that allowed confessions to senior police officers as evidence, unlike normal criminal law which prohibits police confessions.

The question tests whether students can distinguish between different legal frameworks - constitutional duties, fundamental rights protections, and special terrorism legislation.

Article 355: Union's Duty to Protect States

Indian Polity Article 355 internal disturbances Central Government

Article 355: Union's Constitutional Duty to Protect States

Must know

Article 355 mandates Union to protect every state from external aggression and internal disturbance

This duty is absolute — Union cannot refuse protection to any state

Good to know

Article 355 forms the constitutional basis for President's Rule under Article 356

Article 355 creates a fundamental obligation on the Union government to safeguard states. This provision ensures no state is left defenseless against threats that exceed its capacity to handle.

Article 355 Provisions

Protection Type

Union's Duty

When Applied

External Aggression

Military defense, border security

War, invasion, cross-border terrorism

Internal Disturbance

Central forces, financial aid

Communal riots, insurgency, law & order breakdown

Constitutional Significance

Article 355 is a unilateral duty — states cannot refuse Union's help

Union can act suo moto without state government's request

This article justifies deployment of Central Armed Forces in states

Forms legal foundation for Article 356 (President's Rule) when state machinery fails

Exam traps

Trap: Internal disturbance is covered — many think Article 355 only covers external aggression

Trap: Union's duty is mandatory, not discretionary — 'may protect' vs 'shall protect'

Confusion: Article 355 ≠ Article 356. 355 is duty to protect, 356 is President's Rule

Article 22: Rights of Detained Persons

Indian Polity Article 22 preventive detention legal counsel

Article 22: Constitutional Safeguards for Detained Persons

Must know

Article 22(1) guarantees right to be informed of grounds of arrest

Article 22(2) provides right to legal counsel and defense

Article 22(5) mandates grounds must be communicated in preventive detention

Good to know

These rights apply to both regular arrest and preventive detention

Article 22 provides crucial safeguards against arbitrary detention. Even in preventive detention cases, the Constitution ensures basic procedural rights to protect individual liberty.

Article 22 Rights Breakdown

Clause

Right Guaranteed

Applies To

22(1)

Right to know grounds of arrest

All arrests

22(2)

Right to legal counsel & defense

All arrests

22(3)

Production before magistrate within 24 hours

Regular arrests only

22(5)

Right to know grounds & make representation

Preventive detention

Preventive Detention Specifics

Article 22(4) allows Parliament to make laws for preventive detention

Article 22(5) ensures detained person gets grounds as soon as may be

Article 22(7) provides for Advisory Boards to review detention cases

Maximum detention: 3 months without Advisory Board approval

Exam traps

Trap: Article 22(5) guarantees rights even in preventive detention — not exempted

Trap: Article 22(3) (24-hour rule) does NOT apply to preventive detention

Confusion: Legal counsel right exists under 22(2) — states cannot deny it

POTA 2002: Confession & Evidence Rules

Indian Polity Prevention of Terrorism Act confession police evidence

POTA 2002: Controversial Confession Provisions (Repealed)

Must know

POTA 2002 allowed confessions to police officers of SP rank and above as evidence

This was a major departure from normal criminal law where police confessions are inadmissible

POTA was repealed in 2004 due to widespread criticism and misuse

POTA (Prevention of Terrorism Act, 2002) introduced controversial provisions that relaxed normal evidence rules. The law allowed confessions made to senior police officers to be used in court — breaking the fundamental principle that police confessions are unreliable.

Confession Rules Comparison

Law

Confession To

Admissible in Court

Reason

Normal Criminal Law

Police officer

No

Risk of coercion, torture

POTA 2002

Police officer (SP+)

Yes

Terrorism cases need special rules

Current Law

Judicial magistrate

Yes

Independent authority reduces coercion

Why POTA Was Controversial

Section 32 of POTA made confessions to police admissible evidence

Required confession to officer of Superintendent rank or above

Critics argued it violated Article 20(3) (protection against self-incrimination)

Widespread misuse led to targeting of minorities and political opponents

Current Anti-Terror Law

UAPA (Unlawful Activities Prevention Act) replaced POTA

UAPA does not allow police confessions as evidence

Follows normal criminal procedure — confession only to judicial magistrate

Exam traps

Trap: POTA allowed police confessions — opposite of normal criminal law

Trap: POTA is repealed — questions may test it as historical knowledge

Confusion: UAPA ≠ POTA — current anti-terror law does not allow police confessions

Centre-State Constitutional Relations

Indian Polity

Centre-State Relations: Constitutional Framework & Key Provisions

Must know

Article 355 creates Union's duty to protect states from aggression and disturbance

Article 356 allows President's Rule when constitutional machinery fails

Good to know

Article 352 provides for National Emergency affecting Centre-State balance

Article 360 covers Financial Emergency provisions

Constitutional Provisions

# Centre-State Relations
## Normal Times
- Article 355 - Duty to protect
- Article 356 - President's Rule
- Lists in 7th Schedule
## Emergency Powers
- Article 352 - National Emergency
- Article 356 - State Emergency
- Article 360 - Financial Emergency
## Coordination
- Article 263 - Inter-State Council
- Article 280 - Finance Commission
- Article 368 - Amendment Process

Emergency Provisions Impact

Emergency Type

Article

Effect on States

Duration

National Emergency

352

State autonomy reduced, Union List expands

6 months (renewable)

President's Rule

356

State government suspended, Governor acts

6 months (max 3 years)

Financial Emergency

360

Union controls state finances

Until revoked

Exam traps

Trap: Article 355 is Union's duty — not discretionary power

Confusion: Article 355 ≠ 356 — protection duty vs President's Rule

Trap: President's Rule can last maximum 3 years with Parliament approval

Fundamental Rights: Detention Safeguards

Indian Polity

Constitutional Safeguards Against Arbitrary Detention

Must know

Article 21 guarantees life and personal liberty — basis for detention safeguards

Article 22 provides specific rights for arrested and detained persons

Good to know

Article 20 prohibits ex-post-facto laws and double jeopardy

Arrest to Trial Process

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`****Arrest****
Article 22(1) - Right to know grounds`"]
  s2["`****Legal Aid****
Article 22(2) - Right to counsel and defense`"]
  s3["`****Magistrate****
Article 22(3) - Production within 24 hours`"]
  s4["`****Trial****
Article 20 - Protection against self-incrimination`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4

Types of Detention

Detention Type

Purpose

Key Safeguards

Examples

Punitive

After conviction

Regular criminal procedure

Imprisonment after trial

Preventive

To prevent future crime

Article 22(4-7) safeguards

NSA, UAPA detention

Curative

Treatment/reform

Medical/judicial oversight

Mental health cases

Supreme Court Interventions

Maneka Gandhi case (1978) expanded Article 21 to include due process

DK Basu guidelines for arrest and detention procedures

Preventive detention laws regularly challenged for constitutional validity

Article 32 allows direct Supreme Court petition for detention cases

Exam traps

Trap: Article 22(3) (24-hour rule) does NOT apply to preventive detention

Trap: Preventive detention still has safeguards under Article 22(5)

Confusion: Article 20(3) vs Article 22 — self-incrimination vs detention rights