UPSC Prelims Practice Questions — ‘Peaceful criticism of government can’t be called anti-national’

Q1. In the context of the recent Supreme Court hearing on the National Security Act, 1980 invoked against the Ladakh activist Sonam Wangchuk, the term 'preventive detention' refers to which one of the following?

• A. Detention of a person after conviction by a competent court for a fixed term of imprisonment
• B. Detention of a person without trial on the apprehension that he is likely to act in a manner prejudicial to public order or security of the State
• C. Custodial interrogation of a person during the investigation of a cognizable offence under the Code of Criminal Procedure
• D. Confinement of a person pending extradition to a foreign State under a bilateral treaty

Q2. With reference to the National Security Act, 1980, which one of the following is the body whose opinion is required for extending an order of preventive detention beyond three months?

• A. The Advisory Board constituted under the Act, consisting of persons qualified to be appointed as Judges of a High Court
• B. The Supreme Court of India through a special leave bench
• C. The Ministry of Home Affairs, Government of India
• D. The National Human Rights Commission

Q3. With reference to the constitutional and statutory framework highlighted by the Sonam Wangchuk detention case, consider the following statements: 1. Unlike the Union Territory of Jammu and Kashmir, which has a legislative assembly, the Union Territory of Ladakh was constituted under the J&K Reorganisation Act, 2019 without a legislative assembly. 2. The Sixth Schedule of the Constitution of India, which Ladakh's protestors seek to be brought under, currently extends to certain tribal areas in Assam, Meghalaya, Tripura and Mizoram. 3. The maximum period of detention under the National Security Act, 1980 is twelve months, whereas detention without obtaining the opinion of the Advisory Board cannot ordinarily extend beyond three months. Which of the statements given above are correct?

1. Unlike the Union Territory of Jammu and Kashmir, which has a legislative assembly, the Union Territory of Ladakh was constituted under the J&K Reorganisation Act, 2019 without a legislative assembly.
2. The Sixth Schedule of the Constitution of India, which Ladakh's protestors seek to be brought under, currently extends to certain tribal areas in Assam, Meghalaya, Tripura and Mizoram.
3. The maximum period of detention under the National Security Act, 1980 is twelve months, whereas detention without obtaining the opinion of the Advisory Board cannot ordinarily extend beyond three months.

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Q4. With reference to the constitutional safeguards available to a person taken into preventive detention under a law such as the National Security Act, 1980, consider the following: 1. The detenu must invariably be produced before the nearest magistrate within twenty-four hours of arrest. 2. The grounds on which the order of detention has been made are to be communicated to the detenu as soon as may be. 3. Detention beyond three months ordinarily requires the opinion of an Advisory Board that there is sufficient cause for such detention. 4. The detenu has an absolute right to be defended by a legal practitioner of his choice in the proceedings before the Advisory Board. Which of the above are correctly identified as safeguards available to a preventive-detention detenu under the Constitution of India?

1. The detenu must invariably be produced before the nearest magistrate within twenty-four hours of arrest.
2. The grounds on which the order of detention has been made are to be communicated to the detenu as soon as may be.
3. Detention beyond three months ordinarily requires the opinion of an Advisory Board that there is sufficient cause for such detention.
4. The detenu has an absolute right to be defended by a legal practitioner of his choice in the proceedings before the Advisory Board.

• A. 1 and 4
• B. 2 and 3
• C. 1, 2 and 3
• D. 2, 3 and 4