Who of the following can declare application of AFSPA in a disturbed area 1 Judiciary Supreme Court ...........

Indian Polity Indian Parliament

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Who of the following can declare application of AFSPA in a disturbed area?

1) Judiciary (Supreme Court and High Courts only).

2) State Governments

3) Central Government

Code

1 only

1 and 3

1,2,3

2 and 3

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Explanation:

‘Disturbed’ areas
The state or central government considers those areas as ‘disturbed’ “by reason of differences or disputes between members of different religious, racial, language or regional groups or castes or communities.”
Section (3) of the AFSPA empowers the governor of the state or Union territory to issue an official notification in The Gazette of India, following which the Centre has the authority to send in armed forces for civilian aid. Once declared ‘disturbed’, the region has to maintain status quo for a minimum of three months, according to The Disturbed Areas (Special Courts) Act, 1976.
The state governments can suggest whether the act is required to be enforced or not. But under Section (3) of the act, their opinion can be overruled by the governor.