LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Maneesh mv (Student)     27 January 2021

Query

What is the difference between the situation of declaration of national emergency and martial law?


Learning

 2 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     27 January 2021

Kindly prefer to raise this query before your Professor /Teacher.

However you may put up your actual grievance query for relevant solutions /guidance.

Keep Smiling .... Hemant Agarwal
VISIT:  www.chshelpforum.com

Mansi Aggarwal   01 March 2021

Hello, thank you for your query.

In the Indian constitution, Martial law is stated under Article 34, and Emergency laws are mentioned in Articles 352, 356, and 360.

Martial law empowers the parliament to indemnify any government servant or any other person for any act done by hi, in connection with the maintenance or restoration of order in any area where martial law was in force.

In martial law, only the fundamental rights of the individual are affected while in emergency laws not only fundamental rights but center-state relation, the legislature of center and state, parliament tenure all are affected.

In martial law, government and ordinary court laws are suspended while in emergency law, they work as usual.

Martial law can be imposed only in a specific part of a country while emergency can be applicable to whole or some part of the country.

Martial law can be imposed on the ground of maintaining law or order situation while emergency law can be imposed on ground of war, external aggression, or armed rebellion.

Martial laws are implicit which means there will be no explanation given while imposing them. Emergency laws are explicit which means a proper explanation about the reason behind the emergency has to be given and it can be challenged as well.

Hope this solves your query.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register