Q. Consider the following statements regarding Martial Law under the Indian Constitution:
1.Martial law can be declared by the executive under Article 352 of the Constitution.
2.Under Article 34, Parliament may indemnify persons for acts done during martial law and such indemnity cannot be challenged in court for violating fundamental rights.
Which of the statements given above is/are correct?
Answer: B
Notes:
Explanation:
- Martial law is not declared under Article 352 (which deals with National Emergency); rather, it is implicitly recognized under Article 34. There is no explicit provision authorizing the executive to declare martial law.
- Article 34 allows Parliament to indemnify persons for acts done in connection with martial law, and such laws cannot be challenged on grounds of violating fundamental right.
Source: Laxmikant (Polity)
