Q1. With reference to the Armed Forces (Special Powers) Act, 1958, consider the following statements:
- The power to declare an area as a “disturbed area” under the Act can be exercised by the Central Government or by the Governor of the concerned State.
- The declaration of a disturbed area under AFSPA automatically covers the entire State in which the area is situated.
- The Act confers certain special powers on armed forces personnel, including the power to use force under specified circumstances and to arrest without warrant.
- AFSPA derives its legal authority directly from a provision of the Constitution dealing with emergency powers.
Which of the statements given above are correct?
(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2 and 3 only
(d) 1, 3 and 4 only
Answer: (a)
Explanation:
- Statement 1 — Correct: Section 3 permits the Central Government, Governor of a State, or Administrator of a Union Territory to declare the whole or part of the relevant territory a disturbed area, subject to the statutory conditions.
- Statement 2 — Incorrect: AFSPA can operate over specific parts of a State, including particular districts or police-station jurisdictions. The present notifications themselves demonstrate such geographically limited application.
- Statement 3 — Correct: Section 4 provides specified powers, including use of force in prescribed circumstances and arrest without warrant.
- Statement 4 — Incorrect: AFSPA is a Parliamentary legislation enacted in 1958, not a constitutional provision.
