Article 34 of the Indian Constitution provides for the restriction on fundamental rights while lsquo...........

Indian Polity Fundamental Rights

Article 34 of the Indian Constitution provides for the restriction on fundamental rights while ‘Martial Law’ is in force in any area within the territory of India. Which of the following statements regarding ‘Martial Law’ are correct?

1. The concept of Martial law has been borrowed from the ‘Weimar Constitution of Germany.

2. It refers to a situation where civil administration is run by military authorities according to their own rules and regulations.

3. The expression ‘Martial Law’ has not been defined anywhere in the constitution.

Select the correct code from the following:

1 only

2&3 only

1&2 only

All the above

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Explanation:

Article 34 under which martial law can be declared in any area within the territory of India. The martial law is imposed under the extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law. Its justification is to repel force by force for maintaining or restoring order in the society. During the operation of martial law, the military authorities are vested with abnormal powers to take all necessary steps. They impose restrictions and regulations on the rights of the civilians, can punish the civilians and even condemn them to death. The concept of martial law has ben borrowed in India from English Common Law.
Do you know?
The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus.
The declaration of a martial law under Article 34 is different from the declaration of a national emergency under Article 352.
THINK!
Difference between Martial Law and National Emergency