Q. Consider the following statements with respect to the provisions of ‘Martial Law’ in India”
1. The ‘Martial Law’ can be imposed only on the ground of ‘armed rebellion within India’.
2. The declaration of Martial Law automatically results in the suspension of the writ of Habeas Corpus.
3. ‘Martial Law’ is defined by the Constitution as ‘military rule under extraordinary circumstances.
How many of the above given statements is/ are correct?
Exp) Option d 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. However, the expression ‘martial law’ has not been defined anywhere in the Constitution.
Statement 1 is incorrect. Martial Law is imposed to restore the breakdown of law and order due to any reason. Martial law is imposed under extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law.
Statement 2 is incorrect. The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus. However, during the operation of martial law, the military authorities impose restrictions and regulations on the rights of the civilians, can punish the civilians.
Statement 3 is incorrect. ‘Martial law’ is not defined anywhere in the Constitution. It means ‘military rule’.
| Important Tips | |
| Comparison between National emergency and Martial law: | |
| National Emergency | Martial Law |
| It affects not only Fundamental Rights but also Centre-state relations | It affects only Fundamental Rights (FRs) |
| Government and ordinary law courts continue. | Government and ordinary law courts suspended. |
| National Emergency can be imposed only on three grounds– war, external aggression and armed rebellion | Martial law is imposed to restore the breakdown of law and order due to any reason |
| It is imposed either in the entire country or in any part of it. | It is imposed in some specific area of the country |
| Has specific & detailed provisions in the Constitution. It is explicit. | It has no specific provision in the Constitution. It is implicit. |
