Q. With reference to martial law mentioned under Article 34, consider the following statements:
1. The Constitution makes no specific provision for executive to declare martial law.
2. It empowers the Parliament to indemnify any person for any act done where martial law was in force.
3. It affects distribution of revenues and legislative powers between Centre and states.
How many statements given above are correct?
Exp) Option b is the correct answer.
Statement 1 is correct. There is no specific or express provision in the Constitution that authorizes the executive to declare martial law. It is implicit in Article 34 under which martial law can be declared in any area within the territory of India.
Statement 2 is correct. Article 34 empowers the Parliament to indemnify any government servant or any other person for any act done by him in connection with the maintenance or restoration of order in any area where martial law was in force. The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.
Statement 3 is incorrect. Martial law affects only Fundamental Rights. Unlike national emergency, it does not affect Centre-state relations, distribution of revenues and legislative powers between centre and states, and the tenure of the Parliament.
