Question 41 of 52 · Fundamental Rights
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A system of rules that takes effect when the military authority takes over the normal administration of justice in an area is called:

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Answer: Option C — Martial law

Detailed Solution

Martial law is a situation in which the military takes over the administration of an area, including the maintenance of law and order and the administration of justice, because the civil authorities are unable to function.

Martial law in the Indian Constitution:

  • The Constitution does not define martial law, and it does not lay down the circumstances in which it can be declared.
  • Article 34 allows Parliament to restrict Fundamental Rights while martial law is in force in any area within the territory of India.
  • Parliament can also indemnify (protect from legal action) government servants and other persons for acts done to maintain or restore order in that area.
  • Such indemnity laws cannot be challenged in court on the ground of violating Fundamental Rights.

When martial law may be used:

  • It is generally declared in situations such as war, invasion, insurrection, riot or rebellion, when civil courts and authorities cannot function.
  • It is limited to the area where such a breakdown has happened.

Martial law versus National Emergency:

  • Martial law affects only Fundamental Rights, while a National Emergency affects Fundamental Rights, Centre-State relations and the distribution of revenues.
  • Martial law suspends the government and ordinary courts in the area, while a National Emergency keeps them working.
  • Martial law is imposed when law and order breaks down; a National Emergency is proclaimed on grounds of war, external aggression or armed rebellion.
  • A National Emergency has detailed provisions in the Constitution, while martial law has none.

Historical examples:

  • Martial law was imposed by the British in Punjab in 1919, after the Jallianwala Bagh massacre.
  • Several countries, such as Pakistan and Bangladesh, have experienced long periods of martial law under military rulers.

Why not the other options?

  • ✗National Emergency and President's Rule are emergency provisions with civil government continuing.
  • ✗Preventive detention is detention without trial to prevent a future offence.

Quick tip

Remember: Martial law = military takes over administration; Article 34 deals with it; the Constitution gives no definition.

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More Fundamental Rights Questions

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  1. Q1.'Protection of life and personal liberty' is guaranteed under which Article of the Constitution?
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Fundamental Rights — Preparation

This question tests your understanding of Fundamental Rights, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

Fundamental Rights are listed in Part III of the Constitution (Articles 12-35). This topic covers the six Fundamental Rights (equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies), the five writs, and the landmark cases that shaped these rights. Questions usually ask which article guarantees a right (Article 21 for life and personal liberty, Article 17 for abolition of untouchability), which writ serves which purpose, and why the right to property is no longer a Fundamental Right (it was removed by the 44th Amendment in 1978). B. R. Ambedkar called Article 32 the 'heart and soul' of the Constitution. Practise the Fundamental Rights questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.