On December 26, 2021, for the first time since the present government came to power in 2014, the Union Home Ministry constituted a panel led by its officers to review the withdrawal of the Armed areas. The Act was amended in 1972 and the powers to declare an area as “disturbed” were conferred concurrently upon the Central Government along with the States. Currently, the MHA issues periodic “disturbed area” notification to extend AFSPA only for Nagaland and Arunachal Pradesh, where it is applicable in the districts of Tirap, Changlang, Longding and areas falling under Namsai and Mahadevpur police stations bordering Assam. The notification for Manipur and Assam is issued by the State Governments. Tripura revoked the Act in 2015 and Meghalaya was under AFSPA for 27 years, until it was revoked by the MHA from April 1, 2018. The Act was implemented in a 20-km area along the border with Assam. Jammu and Kashmir has a separate J&K Armed Forces (Special Powers) Act, 1990.
Power to notify parts of or the whole of a State or a union territory as a ‘disturbed area’, under the Armed Forces (Special Powers) Act, 1958 is vested with:
Correct Answer :
All of the above
Solution :
The correct option is All of the above.
Explanation:
Under Section 3 of the Armed Forces (Special Powers) Act, 1958 (AFSPA), the power to declare an area (either the whole state/union territory or a part thereof) as a "disturbed area" is conferred upon:
1. The Governor of that State,
2. The Administrator of that Union Territory, or
3. The Central Government.
When the Governor, Administrator, or the Central Government is of the opinion that the whole or part of such State or Union Territory is in such a disturbed or dangerous condition that the use of armed forces in aid of civil power is necessary, they can declare the area to be a disturbed area by issuing a notification in the Official Gazette.
Therefore, all the given authorities possess the power to issue such notifications, making All of the above the correct choice.
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