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Consider the following statements:
  1. Unlike the National Emergency, Martial Law doesn't affect center-state relations.
  2. Martial Law suspends ordinary laws and institutions in the area, while courts & government continue to work under National Emergency.
  3. Grounds of the imposition of National Emergency has been defined in the Constitution, but no such grounds have been defined for Martial Law.
Q. Which of the statements given above is/are correct?
  • a)
    1 and 3 only
  • b)
    2 and 3 only
  • c)
    2 only
  • d)
    1, 2 and 3
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements: Unlike the National Emergency, Mart...
And other legal processes are replaced by military authority.

Both of these statements are generally true. Martial law is a measure taken by a government to temporarily suspend normal laws and institutions in a particular area, usually in response to a crisis such as civil unrest or natural disaster. During this time, the military assumes control of the affected area and is vested with broad powers to maintain order and security. This can include the suspension of habeas corpus, the right to a fair trial, and other legal protections that are normally guaranteed to citizens.

Unlike a national emergency, which typically involves a declaration by the central government and affects the entire country, martial law is usually declared by regional or local authorities and is limited to a specific geographic area. As a result, it does not necessarily have a direct impact on center-state relations.

However, it is worth noting that the use of martial law can be controversial and can raise concerns about civil liberties and the rule of law. In some cases, martial law has been used to suppress dissident voices or to justify human rights abuses by the military. As such, it is important for any government to use martial law only in the most extreme circumstances and to ensure that it is implemented in a way that respects the rights of citizens and upholds democratic norms.
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Consider the following statements: Unlike the National Emergency, Mart...
Martial Law: The most important feature of Martial Law is the military acting independent of civilian authority and control. When a geographical area is put under Martial Law, the military is called out and the military commander is under no legal obligation to take his orders from the civilian authority of the area. The military commander might be required to cooperate with the civilian authorities in the area, but he is allowed to make his own decisions. To that extent, the military acting independent of any civilian supervision clearly distinguishes an area under Martial Law from the military merely acting as an aid to civilian authority (where the military acts under the supervision and command of the civilian authority).
  • It is not described in Indian Constitution. Civil administration is run by the military authorities according to their own rule and regulations framed outside the ordinary law, implying suspension of ordinary law and the government by military tribunals. It is imposed under the extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law to repel force by force for maintaining or restoring order in the society. Abnormal powers including imposing restrictions and regulations on the rights of the civilians, can punish the civilians and even condemn them to death. 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 difference with respect to National Emergency:
    • Martial law affects only Fundamental Rights, while national Emergency is broader in scope affecting Centre-State Relationship, Fundamental Rights, Legislative Powers, Revenue Distribution. Hence, Statement 1 is correct.
    • Military law suspends ordinary law, while courts and government continue in National Emergency. Hence, Statement 2 is correct.
  • Martial law imposed to restore the breakdown of law and order due to any reason, while National Emergency can be imposed only on three grounds (Article 352) i.e. War, External aggregation or Armed rebellion. Hence, Statement 3 is correct.
  • Martial law is always imposed only in some area of the country but National Emergency can be in some area or the entire country.
  • Article 34: Notwithstanding anything in the foregoing provisions of Part III, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.
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Consider the following statements: Unlike the National Emergency, Martial Law doesnt affect center-state relations. Martial Law suspends ordinary laws and institutions in the area, while courts & government continue to work under National Emergency. Grounds of the imposition of National Emergency has been defined in the Constitution, but no such grounds have been defined for Martial Law.Q. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?
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Consider the following statements: Unlike the National Emergency, Martial Law doesnt affect center-state relations. Martial Law suspends ordinary laws and institutions in the area, while courts & government continue to work under National Emergency. Grounds of the imposition of National Emergency has been defined in the Constitution, but no such grounds have been defined for Martial Law.Q. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements: Unlike the National Emergency, Martial Law doesnt affect center-state relations. Martial Law suspends ordinary laws and institutions in the area, while courts & government continue to work under National Emergency. Grounds of the imposition of National Emergency has been defined in the Constitution, but no such grounds have been defined for Martial Law.Q. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements: Unlike the National Emergency, Martial Law doesnt affect center-state relations. Martial Law suspends ordinary laws and institutions in the area, while courts & government continue to work under National Emergency. Grounds of the imposition of National Emergency has been defined in the Constitution, but no such grounds have been defined for Martial Law.Q. Which of the statements given above is/are correct?a)1 and 3 onlyb)2 and 3 onlyc)2 onlyd)1, 2 and 3Correct answer is option 'D'. Can you explain this answer?.
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