Correct Option
The correct option is Only two
Explanation
Article 355 of the Constitution of India imposes a specific obligation upon the Union to protect every State against external aggression and internal disturbance, and to ensure that the government of every State is carried out in accordance with the provisions of the Constitution.
- Statement 1 is Correct: Under Article 355, the Union Government is constitutionally mandated to protect States from internal disturbances. This duty justifies the Union's intervention in State affairs under specific circumstances to maintain public order and constitutional machinery.
- Statement 2 is Correct: Article 22 of the Constitution provides safeguards against arrest and detention. However, Clause (3) of Article 22 explicitly states that the protection of Clause (1)-which includes the right to consult and be defended by a legal practitioner of one's choice-does not apply to any person who is arrested or detained under any law providing for preventive detention.
- Statement 3 is Incorrect: The Prevention of Terrorism Act (POTA), 2002, contained a specific provision under Section 32 which stated that a confession made by a person before a police officer not lower in rank than a Superintendent of Police, and recorded in writing or on any mechanical device, shall be admissible in the trial of such person. This was a departure from the general rule under the Indian Evidence Act, where confessions to police officers are generally inadmissible.
Key Takeaway: Article 355 mandates the Union to protect States from internal disturbances, while Article 22(3) denies the fundamental right to legal counsel to individuals under preventive detention; contrary to general criminal law, POTA 2002 allowed confessions made to high-ranking police officers as admissible evidence.