Which of the following is not a part of the Article 20 of the Constitution of India?

Question

UnlockIAS · Accepted Answer

Correct — A, Prohibition Against Torture. Article 20 ('Protection in respect of conviction for offences') contains exactly three guarantees: no ex-post-facto law [20(1)], protection against double jeopardy [20(2)], and protection against self-incrimination [20(3)]. 'Prohibition against torture' is NOT among them — protection against custodial torture has been read into Article 21 (right to life and personal liberty) by the Supreme Court and flows from human-rights instruments like the UN Convention Against Torture, not from Article 20. So the option that is NOT part of Article 20 is (a).

Why the other options are wrong — (b) This IS Article 20(3) — no person accused of an offence may be compelled to be a witness against himself. So it is part of Article 20, hence not the answer to a 'not a part of' question.  (c) Article 20(1) bars conviction under a retrospective criminal law and a penalty greater than that in force at the time — this IS part of Article 20, so not the answer.  (d) Article 20(2) bars a person being prosecuted and punished for the same offence more than once — this IS part of Article 20, so not the answer.

Concept: Article 20 is a Fundamental Right protecting a person against arbitrary/excessive punishment. Its three clauses are: 20(1) no ex-post-facto criminal law, 20(2) no double jeopardy, and 20(3) no self-incrimination. Along with Article 21, it cannot be suspended even during a National Emergency (44th Amendment, 1978). Protection from torture is not written here — it is derived from Article 21.

State PCS 2023 Q10 — Polity & Governance PYQ with Answer

State PCS 2023 Q10 — Polity & Governance PYQ with Answer