Armed Forces (Special Powers) Act (AFSPA)
Indian Polity & Governance
- PYQs8
- Articles1
Background
Examines the balance between national security and human rights, federalism (Centre's role in state law & order), and the effectiveness of special laws in conflict resolution.
The Armed Forces (Special Powers) Act (AFSPA) is a parliamentary act that grants special powers to the Indian Armed Forces in "disturbed areas." It was enacted in 1958 to enable the armed forces to maintain public order in regions facing insurgency or internal disturbances.
Facts & tables
- Enactment
- Passed in 1958, initially for Assam and Manipur.
- Powers Granted
- Grants powers to search, arrest without warrant, and use force even to the extent of causing death, if deemed necessary, against individuals acting in contravention of law.
- Disturbed Area Declaration
- Declared by the Central Government or the Governor of a State, typically for a period of three months.
- Controversy
- Criticized for alleged human rights violations, lack of accountability, and its impact on civil liberties.
| Type | Reference |
|---|---|
| Conceptual area | Indian Polity & Governance |
| Body | Role |
|---|---|
| Ministry of Home Affairs | Declares disturbed areas |
Prelims angle
Prelims angle: Factual recall
Prelims angle: Conceptual understanding
- Enacted 1958, applies to 'disturbed areas'.
- Grants powers of search, arrest, and use of force.
- Controversial due to human rights concerns.
- Withdrawal indicates improved peace in regions.
- Balance between security and civil liberties.
| Year | Framing tags |
|---|---|
| 2026 | Multi-statement analysis, Factual recall |
| 2025 | Multi-statement analysis, Institutional roles and functions |
| 2025 | Multi-statement analysis, Factual recall |
| 2024 | Factual recall, Institutional roles and functions |
| 2023 | Factual recall, Conceptual understanding |
| 2023 | Factual recall, Multi-statement analysis |
| 2021 | Statement-based questions, Factual recall |
| 2019 | Multi-statement analysis, Factual recall |
Timeline
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Indian Polity & Governance
Conceptual area
-
Prelims 2019
Multi-statement analysis, Factual recall
-
Prelims 2021
Statement-based questions, Factual recall
-
Prelims 2023
Factual recall, Conceptual understanding
-
Prelims 2023
Factual recall, Multi-statement analysis
-
Prelims 2024
Factual recall, Institutional roles and functions
-
Prelims 2025
Multi-statement analysis, Institutional roles and functions
-
Prelims 2025
Multi-statement analysis, Factual recall
-
Prelims 2026
Multi-statement analysis, Factual recall
-
Will remove AFSPA from Northeast barring one or two States next year: Shah
AFSPA is a controversial law granting special powers to armed forces in disturbed areas, raising questions about human rights, accountability, and federal relations.
See also
No related topics linked yet.
Past papers
2019–2026 · 8 questions
In the news
Will remove AFSPA from Northeast barring one or two States next year: Shah
AFSPA is a controversial law granting special powers to armed forces in disturbed areas, raising questions about human rights, accountability, and federal relations.
Try these PYQs
With reference to Home Guards, consider the following statements :
1. Home Guards are raised under the Home Guards act and Rules of the Central Government.
2. The role of the Home Guards is to serve as an auxiliary force to the police in maintenance of internal security.
3. To prevent infiltration on the international border/coastal areas, the Border Wing Home Guards Battalions have been raised in some States.
How Many of the above statements are correct?
* Statement 1 is incorrect: Home Guards are raised under the Home Guards Act and Rules of the States/Union Territories (not the central Government). They are recruited from all classes of people and walks of life, who give their spare time to the organisation for the betterment of the community. * Statement 2 is correct: The role of Home Guards is to serve as an auxiliary force to the Police in the maintenance of internal security situations, help the community in any kind of emergency such as an air raid, fire, cyclone, earthquake, epidemic, etc., help in the maintenance of essential services, promote communal harmony and assist the administration in protecting weaker sections, participate in socio-economic and welfare activities and perform Civil Defence duties. * Statement 3 is correct: Fifteen Border Wing Home Guards (BWHG) Battalions have been raised in the border States viz. Punjab (6 Bns.), Rajasthan ( 4 Bns.), Gujarat (2 Bns.), and one each Battalion for Meghalaya, Tripura, and West Bengal to serve as an auxiliary to Border Security Force for preventing infiltration on the international border/coastal areas, guarding of VA/VPs and lines of communication in the vulnerable area at the time of external aggression. Therefore, only two statements are correct.
Consider the following statements:
With reference to the Constitution of India, if an area in a State is declared as Scheduled Area under the Fifth Schedule,
I. the State Government loses its executive power in such areas and a local body assumes total administration.
II. the Union Government can take over the total administration of such areas under certain circumstances on the recommendations of the Governor.
Which of the statements given above is/are correct?
When an area is declared a Scheduled Area under the Fifth Schedule of the Constitution, it continues to be administered by the State Government, but with special powers granted to the Governor for tribal welfare. ❌ Statement I: Incorrect The State Government does not lose its executive powers. There is no provision for a local body to take over full administration. ❌ Statement II: Incorrect The Union Government cannot take over total administration of Scheduled Areas under the Fifth Schedule, even on the Governor’s recommendation.
With reference to the Government of India, consider the following information:
| Organization | Some of its Functions | It Works Under |
|--------------------|------------------------|--------------------------------|
| Directorate of Enforcement | Enforcement of the Fugitive Economic Offenders Act, 2018 | Internal Security Division-I, Ministry of Home Affairs |
| Directorate of Revenue Intelligence | Enforces the provisions of the Customs Act, 1962 | Department of Revenue, Ministry of Finance |
| Directorate General of Systems and Data Management | Carrying out big data analytics to assist tax officers for better policy and nabbing tax evaders | Department of Revenue, Ministry of Finance |
In how many of the above rows is the information correctly matched?
The question relates to the correct mapping of key investigative and analytical bodies under the Government of India and their parent ministries or departments. ❌ Row I: Incorrect The Directorate of Enforcement does implement the Fugitive Economic Offenders Act, 2018, but it functions under the Department of Revenue, Ministry of Finance, not the Ministry of Home Affairs. ✅ Row II: Correct The Directorate of Revenue Intelligence (DRI) enforces the Customs Act, 1962 and works under the Department of Revenue, Ministry of Finance. ✅ Row III: Correct The Directorate General of Systems and Data Management aids in big data analytics for tax enforcement and operates under the Department of Revenue, Ministry of Finance.
Consider the following organizations/bodies in India:
1. The National Commission for Backward Classes
2. The National Human Rights Commission
3. The National Law Commission
4. The National Consumer Disputes Redressal Commission
How many of the above are constitutional bodies?
* The National Commission for Backward Classes (NCBC): This body is a constitutional body. It was given constitutional status by the 102nd Constitutional Amendment Act, 2018, which inserted Article 338B into the Indian Constitution. * The National Human Rights Commission (NHRC): This body is not a constitutional body. It is a statutory body established under the Protection of Human Rights Act, 1993. * The National Law Commission: This body is not a constitutional body. It is an executive body established by an executive order of the Government of India. * The National Consumer Disputes Redressal Commission (NCDRC): This body is not a constitutional body. It is a statutory body set up under the Consumer Protection Act of 1986 (replaced by the Consumer Protection Act 2019).
Consider the following statements:
1. The Governor of the Reserve Bank of India (RBI) is appointed by the Central Government.
2. Certain provisions in the Constitution of India give the Central Government the right to issue directions to the RBI in public interest.
3. The Governor of the RBI draws his power from the RBI Act.
Which of the above statements are correct?
Statement 1 is correct. The Governor of RBI is appointed by the Central Government under the RBI Act, 1934. The Appointments Committee of the Cabinet (ACC), led by the Prime Minister, finalizes the selection. The tenure is typically four years, but the government has the authority to extend or terminate the term. Statement 2 is incorrect. The Constitution of India does not have any direct provision allowing the Central Government to issue directions to the RBI. However, Section 7 of the RBI Act, 1934, gives the Central Government the power to issue directions to the RBI in the public interest, but this is a statutory provision, not a constitutional one. Statement 3 is correct. The powers, functions, and responsibilities of the RBI Governor come from the Reserve Bank of India Act, 1934. The Act defines the Governor's role, monetary policy responsibilities, and overall authority over banking regulations.
Show 3 more PYQs
Consider the following statements about the provisions pertaining to the Scheduled Castes and the Scheduled Tribes in India :
1. Provisions regarding the administration of the Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram are given in the Fifth Schedule of the Constitution of India.
2. Some tribes of India are entitled to exemption from paying Income Tax on certain incomes.
3. The Constitution of India provides for reservation of seats in Panchayats for women belonging to the Scheduled Castes and the Scheduled Tribes.
Which one of the following conclusions based on the above statements is correct ?
Statement 1 is Incorrect: The Sixth Schedule (Article 244(2)) of the Indian Constitution specifically governs the administration of Tribal Areas in the four northeastern states of Assam, Meghalaya, Tripura, and Mizoram. The Fifth Schedule (Article 244(1)) applies to the administration and control of Scheduled Areas and Scheduled Tribes in states other than these four. Statement 2 is Correct: Under Section 10(26) of the Income Tax Act, 1961, members of Scheduled Tribes residing in specified regions (including Tripura, Mizoram, Manipur, Nagaland, Arunachal Pradesh, and Ladakh) are exempt from paying income tax on income generated from sources within those areas, as well as on dividends or interest on securities. Statement 3 is Correct: Article 243D of the Constitution mandates the reservation of seats in Panchayats for Scheduled Castes (SCs) and Scheduled Tribes (STs). Furthermore, Article 243D(2) explicitly requires that not less than one-third of the seats reserved for SCs and STs must be reserved for women belonging to the Scheduled Castes or Scheduled Tribes. Since Statements 2 and 3 are correct, there are exactly two correct statements, which include Statement 2. Therefore, the correct conclusion is that there are two correct statements, that include statement 2.
Consider the following statements :
1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.
2. In India, there is no Intellectual Property Appellate Board.
3. Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are correct?
Statement 1 is incorrect. According to the Indian Patents Act (specifically Section 3(j)), biological processes for the production or propagation of plants and animals are not eligible for patents. This means creating a seed through a biological process cannot be patented. Statement 2 is incorrect. The Intellectual Property Appellate Board (IPAB) was established in India in 2003. It deals with appeals against decisions of the patent office and trademark registry. Statement 3 is correct. Plant varieties themselves are not patentable in India. However, the Protection of Plant Varieties and Farmers' Rights Act (PPVFR Act) provides a system for protecting the rights of plant breeders by granting them exclusive rights to sell propagating material of new varieties. _Note: the Tribunal Reforms Act, 2021 abolished various Tribunals including India's Intellectual Property Appellate Board (IPAB) and assigned their functions to the country's Commercial Courts and High Courts. However, UPSC asked this question in 2019 when an Appellate Board existed for intellectual property. Therefore correct answer is 3 only._
The North Eastern Council (NEC) was established by the North Eastern Council Act, 1971. Subsequent to the amendment of NEC Act in 2002, the Council comprises which of the following members?
1. Governor of the Constituent State
2. Chief Minister of the Constituent State
3. Three Members to be nominated by the President of India
4. The Home Minister of India
Select the correct answer using the code given below :
The North Eastern Council (NEC) was established under the *North Eastern Council Act, 1971* to ensure the balanced and coordinated development of the North Eastern Region. After the North Eastern Council (Amendment) Act, 2002, the structure and composition of the Council were modified. As per Section 3(1) of the *NEC Act, 1971 (as amended)*, the Council shall consist of the following members: 1. The Chief Ministers of the Constituent States
2. The Governors of the Constituent States
3. Three Members to be nominated by the President of India These are the only members of the Council as defined by the Act. Further, Section 3(2) specifies that:
“The Union Home Minister shall be the ex officio Chairman of the Council, and the Minister of the Central Government in charge of the Ministry of Development of North Eastern Region (DoNER) shall be the ex officio Vice-Chairman of the Council.” Thus, while the Union Home Minister serves as the ex officio Chairman, he does not form part of the Council as a member under Section 3(1). Similarly, the Minister of DoNER is the ex officio Vice-Chairman, but not a member of the Council.