With reference to 'Martial Law' in India, consider the following statements:
1. The term 'Martial Law' has been explicitly defined under Article 34 of the Indian Constitution.
2. It restricts only Fundamental Rights and is suspended in specific areas of the country during extraordinary situations like rebellion or riots.

Which of the statements given above is/are correct?

Question

With reference to 'Martial Law' in India, consider the following statements:
1. The term 'Martial Law' has been explicitly defined under Article 34 of the Indian Constitution.
2. It restricts only Fundamental Rights and is suspended in specific areas of the country during extraordinary situations like rebellion or riots.

Which of the statements given above is/are correct?

Accepted Answer

Statement 1 is incorrect: Although Article 34 provides for restrictions on fundamental rights while martial law is in force, the term 'Martial Law' is not defined anywhere in the Indian Constitution. It is borrowed from English Common Law. Statement 2 is correct: Martial Law is implemented to restore order during extraordinary situations such as violent riots, rebellion, or war, and it affects only Fundamental Rights. It is restricted to specific areas of the country, and under it, ordinary administration is run by military tribunals under military rules.

Answer

Answer