What is the Indian Army Act 475

2. Martial Law: A Comparative Analysis of USA, UK and India

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2020 | OriginalPaper | Chapter

Authors: Abhishek Singhvi, Khagesh Gautam

Publisher: Springer Singapore

Abstract

This chapter is an extremely detailed treatment of martial law in the three compared jurisdictions. Parts I and II of this chapter provide a brief history of martial law. The use of martial law seems to have been more prevalent in the United States as compared to the other two jurisdictions under consideration. A useful historical and legal survey of martial law in UK is then provided. Part V of this chapter makes a unique contribution. Martial law in India has never attracted the attention of constitutional and public law scholars in India, and apart from a few contributions here and there (including a detailed law review article by one of the co-authors), there is practically no literature available on the subject. While placing martial law in a comparative common law perspective, and by focusing in detail on India in that comparison, Part V of this chapter further divides martial law in India in two time-zones (viz., Pre- and post-independence). It also provides a completely new and heretofore absent historical interpretation of article 34 of the Indian Constitution that attempts to shed new light on this relatively unknown and unanalyzed provision of our Constitution.

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Footnotes
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