Q. Which of the following statements is/are correct about the “Martial law”?
Select the correct answer using the code given below
Q. Which of the following statements is/are correct about the “Martial law”?
Select the correct answer using the code given below
The correct option is B 2 only
Explanation:
Article 34 of the Indian constitution provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India. It 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 Parliament can also validate any sentence passed, the punishment inflicted, forfeiture ordered or other act done under martial law in such an area. 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 1 is incorrect:The concept of martial law has been borrowed in India from the English common law. However, the expression ‘martial law’ has not been defined anywhere in the Constitution. Literally, it means ‘military rule’. It refers to a situation where civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law. It thus implies the suspension of ordinary law and the government by military tribunals. It is different from military law that is applicable to the armed forces.
Statement 2 is correct: A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official deliver an imprisoned individual to the court and show a valid reason for that person's detention.
The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus.
Statement 3 is incorrect: The concept of martial law has been borrowed in India from the English common law.
Explanation:
Article 34 of the Indian constitution provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India. It 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 Parliament can also validate any sentence passed, the punishment inflicted, forfeiture ordered or other act done under martial law in such an area. 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 1 is incorrect:The concept of martial law has been borrowed in India from the English common law. However, the expression ‘martial law’ has not been defined anywhere in the Constitution. Literally, it means ‘military rule’. It refers to a situation where civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law. It thus implies the suspension of ordinary law and the government by military tribunals. It is different from military law that is applicable to the armed forces.
Statement 2 is correct: A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official deliver an imprisoned individual to the court and show a valid reason for that person's detention.
The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus.
Statement 3 is incorrect: The concept of martial law has been borrowed in India from the English common law.
