Q. Consider the following statements with reference to the Martial Law and provisions of Emergency as found in Indian Constitution:
1. Martial law affects fundamental rights as well as the distribution of legislative powers between the Centre and the states.
2. Unlike National Emergency, Martial law can be imposed only on three grounds i.e., war, external aggression or armed rebellion.
3. The definition of ‘martial law’ has not been mentioned explicitly in the Constitution of India.
How many of the above given statements are correct?
Exp) option a is the correct answer
Article 34 provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India.
Statement 1 is incorrect: Martial law affects only Fundamental Rights (FRs) while National Emergency affects not only Fundamental Rights but also Centre-state relations, distribution of revenues and legislative powers between Centre and states. It may extend the tenure of Parliament.
Statement 2 is incorrect: Martial law is imposed to restore the breakdown of law and order due to any reason. While National Emergency can be imposed only on three grounds– war, external aggression and armed rebellion.
Statement 3 is correct: The definition of ‘martial law’ has not been mentioned explicitly in the Constitution of India. However, the provision of martial law is implicit in Article 34. Martial law literally means ‘military rule’. It refers to a situation where military authorities run the civil administration as per their own rules and regulations. Ordinary law is not adhered to when martial law is under operation
