With reference to Armed Forces Special powers Act (AFSPA), who among the following can declare an area as ‘disturbed area’?
1. Governor
2. Chief Minister
3. Central Government
Select the correct answer using the codes given below.
1 and 3 only
The power to declare an area ‘disturbed’ lies with the Governor or the Central Government, who have to form an opinion that the use of armed forces in the aid of civil power is essential and then notify it as ‘disturbed area’. The declaration of an area as a ‘disturbed area’ is for a limited duration and review of the declaration before the expiry of six months has to be undertaken by the executive. The 1972 amendments to AFSPA extended the power to declare an area disturbed to the Central Government whereas in the 1958 version of AFSPA, only the state Governor had the power.