Questions & explanations
1. With reference to the Armed Forces (Special Powers) Act (AFSPA), consider the following statements:
1. The Act empowers a non-commissioned officer of the armed forces to use force, even to the extent of causing death, against any person acting in contravention of any law in a disturbed area.
2. The Supreme Court, in the Naga People's Movement of Human Rights v. Union of India case (1997), upheld the constitutional validity of AFSPA but laid down certain guidelines for its application.
3. The Justice B.P. Jeevan Reddy Committee, constituted in 2004, recommended the repeal of AFSPA and suggested incorporating its essential provisions into the Unlawful Activities (Prevention) Act (UAPA).
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d) 1, 2 and 3
The answer is (d), all three statements are correct. Statement 1 is correct. Under Section 4(a), even a non-commissioned officer can use force, including force that causes death, against a person breaking the law in a disturbed area, after giving a warning. Statement 2 is correct. In the 1997 Naga People's Movement of Human Rights case, the Supreme Court upheld AFSPA as valid but laid down guidelines for its use, such as the need to declare a 'disturbed area' and to review it from time to time. Statement 3 is correct. The Justice B.P. Jeevan Reddy Committee, set up in 2004, recommended repealing AFSPA and moving its key provisions into the Unlawful Activities (Prevention) Act.
2. Which of the following is the primary reason intelligence agencies in India are not subject to direct parliamentary oversight?
- They are exempt under the Right to Information Act, 2005.
- They are not created by any statute.
- They function under the executive's exclusive control.
- Parliament has no power to question them.
Answer: They are not created by any statute.
India's main intelligence agencies, such as the Intelligence Bureau and the Research and Analysis Wing (RAW), were not created by any law passed by Parliament. They were set up by executive orders and have no statutory charter. Because there is no Act defining their powers, duties or accountability, Parliament has no statutory handle to scrutinise them, so they remain outside direct parliamentary oversight. The fact that they function under executive control and are exempt from the RTI Act (Section 24) are consequences of this absence of statutory backing, not the primary reason. The Kargil Review Committee (1999) flagged this lack of a legal charter for IB and RAW.
3. Which of the following statements about the application of AFSPA in Manipur is correct?
1. AFSPA was initially imposed in Manipur in 1958 and has been continuously in force since then.
2. The Supreme Court has directed the government to review the application of AFSPA in Manipur.
3. The government has withdrawn AFSPA from all parts of Manipur as of 2023.
- (a) 1 and 2 only
- (b) 2 only
- (c) 1 and 3 only
- (d) 2 and 3 only
Answer: (b) 2 only
Statement 2 is correct. Around 2022, the Supreme Court and the government took up a review of where AFSPA should still apply in Manipur, and the disturbed-area tag was lifted from several police station areas. Statement 1 is not fully correct. AFSPA has been in force in Manipur for a long time, but not over the whole state without a break. The Imphal Municipal area was taken out of the 'disturbed area' cover from 2004 after public protests, so it has not been 'continuously in force' everywhere. AFSPA was not removed from all parts of Manipur by 2023; it still applies in the hill districts. So only statement 2 is correct, which makes option (b) the right answer.
4. With reference to the Intelligence Bureau (IB), consider the following statements:
1. It functions under the administrative control of the Ministry of Home Affairs (MHA).
2. It is primarily responsible for internal intelligence, counter-intelligence, and counter-terrorism operations within India.
3. It does not possess powers of arrest, search, prosecution, or investigation, and its role is limited to intelligence gathering and analysis.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (d) 1, 2 and 3
All three statements are correct, so the answer is (d). Statement 1 is correct. The Intelligence Bureau is India's internal intelligence agency and works under the Ministry of Home Affairs. Statement 2 is correct. Its main jobs are gathering internal intelligence, counter-intelligence, and counter-terrorism work inside the country. Statement 3 is correct. The IB is only an intelligence agency, not a police force. It cannot arrest, search, prosecute, or investigate. Its role is limited to collecting, studying, and sharing intelligence with other government bodies. Options (a), (b) and (c) are wrong because each leaves out one correct statement.
5. Consider the following statements regarding AFSPA:
1. The Act applies only to the states of Jammu & Kashmir, Assam, and Nagaland.
2. The Union Home Minister has the authority to declare an area as 'disturbed' under AFSPA.
3. The Act allows armed forces to arrest individuals without a warrant.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (b) 2 and 3 only
Answer (b). Statement 1 is false because AFSPA does not apply only to Jammu & Kashmir, Assam, and Nagaland; it has also been used in Manipur, parts of Arunachal Pradesh, and earlier in Tripura. Statement 2 is treated as correct: under Section 3, the Central Government (acting through the Ministry of Home Affairs) can declare an area 'disturbed'. Note that the State Governor or a Union Territory Administrator can also do this, so the power is not the Home Minister's alone. Statement 3 is correct because Section 4 lets the armed forces arrest a person without a warrant. Since statement 1 is false, options (a), (c), and (d) are all wrong.
6. Which of the following statements about the legal and constitutional challenges to AFSPA is/are correct?
1. The Supreme Court has declared AFSPA unconstitutional in its entirety.
2. The Supreme Court has upheld the constitutional validity of AFSPA but emphasized the need for safeguards.
3. The National Human Rights Commission (NHRC) has recommended the repeal of AFSPA in all states.
- (a) 1 only
- (b) 2 only
- (c) 1 and 3 only
- (d) 2 and 3 only
Answer: (b) 2 only
Statement 1 is incorrect: the Supreme Court has not declared AFSPA unconstitutional. Statement 2 is correct: in Naga People's Movement of Human Rights v. Union of India (1997), the Supreme Court upheld AFSPA's constitutional validity but issued guidelines emphasising the need for safeguards, minimum force, and periodic review of 'disturbed area' declarations. Statement 3 is correct: the National Human Rights Commission (NHRC) has on multiple occasions recommended the repeal of AFSPA in disturbed areas and has criticised the immunity provisions. Both Statements 2 and 3 are correct, making (d) the right answer.
7. With reference to the controversies surrounding AFSPA, consider the following statements:
1. The Supreme Court has declared AFSPA unconstitutional in its entirety.
2. The Act has been criticized for enabling human rights violations due to lack of accountability.
3. The National Human Rights Commission (NHRC) has recommended the repeal of AFSPA.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (b) 2 only
Statement 1 is incorrect: the Supreme Court has not declared AFSPA unconstitutional; it upheld the Act's validity in Naga People's Movement (1997) while issuing guidelines. Statement 2 is correct: AFSPA is widely criticised for enabling human rights violations through its immunity provisions (Section 6 requiring prior Central Government sanction for prosecution). Statement 3 is correct: the National Human Rights Commission (NHRC) has repeatedly expressed concern about AFSPA and has recommended its repeal or substantial amendment. Both Statements 2 and 3 are correct, making (c) the right answer, not (b).
8. Which of the following is a key legal challenge to AFSPA in the Indian judiciary?
- (a) It violates Article 14 by allowing arbitrary arrests
- (b) It violates Article 21 by denying the right to life and personal liberty
- (c) It violates Article 19 by restricting freedom of speech
- (d) It violates Article 32 by denying access to courts
Answer: (b) It violates Article 21 by denying the right to life and personal liberty
The main legal challenge to AFSPA is that it violates Article 21, the right to life and personal liberty, so the answer is (b). Critics argue the wide powers, including the power to use deadly force and the legal protection given to soldiers, can lead to killings without a fair process. In the EEVFAM case (2016) about alleged fake encounters in Manipur, the Supreme Court said every person, even in a disturbed area, has rights under Article 21, and each death must be properly investigated. Article 14 (equality), Article 19 (free speech) and Article 32 (access to courts) are not the central challenge.
9. With reference to the Research and Analysis Wing (RAW), consider the following statements:
1. It operates exclusively outside India.
2. It is under the direct control of the Prime Minister.
3. It is responsible for monitoring cross-border terrorism.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 2 and 3 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (b) 2 and 3 only
Statement 1 is incorrect: RAW does not operate exclusively outside India. While its primary mandate is external intelligence, it also tracks cross-border threats and has operational linkages with domestic counter-terrorism efforts. The word 'exclusively' makes this statement wrong. Statement 2 is correct: RAW operates under the Cabinet Secretariat within the Prime Minister's Office. Statement 3 is correct: monitoring and countering cross-border terrorism involving India is a key part of RAW's mandate. The correct combination is 2 and 3, making (b) the right answer.
10. Consider the following statements about the EEVFAM case: 1. The Supreme Court ordered a CBI SIT to investigate all cases of alleged extra-judicial killings in Manipur. 2. The judgment held that AFSPA provides blanket immunity to security forces for any act committed in the course of duty. 3. The case was filed by a human rights organization. Which of the above statements is/are correct?
- (a) 1 only
- (b) 1 and 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (b) 1 and 3 only
Statement 1 is TRUE: the Supreme Court in the EEVFAM case (Extra Judicial Execution Victim Families Association of Manipur v. Union of India) ordered a CBI SIT to investigate alleged extra-judicial killings in Manipur. Statement 2 is FALSE: the Supreme Court expressly held that AFSPA does NOT confer blanket immunity; security forces can be prosecuted for excesses with prior Central Government sanction. Statement 3 is TRUE: the case was filed by EEVFAM, an association of families of victims, functioning as a human rights body. Statements 1 and 3 are correct.
11. Which of the following statements about the controversies surrounding AFSPA is/are correct?
1. The Act has been criticized for enabling human rights violations by security forces.
2. The Supreme Court has declared AFSPA unconstitutional in its entirety.
3. The Act has been extended in several states despite recommendations for its repeal by human rights bodies.
Select the correct answer using the code below:
- (a) 1 and 2 only
- (b) 1 and 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (b) 1 and 3 only
Statement 1 is correct. AFSPA is widely criticised for letting security forces commit abuses, including killings, with little accountability. Statement 3 is correct. Even though bodies like the Justice Jeevan Reddy Committee and the NHRC have called for change or repeal, AFSPA still stays in force in several states. The Supreme Court has never struck down AFSPA. In Naga People's Movement of Human Rights v. Union of India (1998), the Court upheld the Act as valid, while laying down safeguards. So statements 1 and 3 are right, which makes option (b) correct.
12. Consider the following statements about the Special Protection Group (SPG): 1. It provides security to the Prime Minister and former Prime Ministers and their immediate family members. 2. It was established in 1985 after the assassination of Prime Minister Indira Gandhi. 3. SPG personnel are drawn only from the central armed police forces. Which of the above statements is/are correct?
- (a) 1 and 2 only
- (b) 2 only
- (c) 1 and 3 only
- (d) 2 and 3 only
Answer: (b) 2 only
Statement 1 is incorrect under current law: after the SPG (Amendment) Act, 2019, the SPG provides security only to the incumbent Prime Minister and their immediate family — protection for former Prime Ministers and their families was removed. Statement 2 is correct: SPG was established in 1985 following the assassination of Prime Minister Indira Gandhi in 1984. Statement 3 is incorrect: SPG personnel are drawn from both the Indian Army and central armed police forces. Only Statement 2 is correct. it has been added to enable a single defensible answer.