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AuthorMinattur, Joseph. author
TitleMartial Law in India, Pakistan and Ceylon [electronic resource] / by Joseph Minattur
ImprintDordrecht : Springer Netherlands, 1962
Connect tohttp://dx.doi.org/10.1007/978-94-011-9292-7
Descript 99 p. 1 illus. online resource

SUMMARY

(i) What is Martial Law? It is difficult to define martial law, especially because of "the haze of uncertainty which envelops it. " 1 The expression is used to denote a variety of forms of government or law, such as military law governing soldiers in the service of the State, military governยญ ment in occupied areas, any kind of arbitrary government in which the military arm plays a dominant role, and the emergency adยญ ministration "which obtains in a domestic community when the military authority carries on the government, or at least some of its functions. " 2 It is in the sense indicated last that martial law is discussed in the following pages. In this sense, it is "the extension of military government to domestic areas and civil persons in case of invasion or rebellion. . . it is a suspension of normal civil government in order to restore it and has civilians for its subjects and civil areas for its loci of operation. " 3 Thus martial law has to be clearly distinguished from military law and military government, though 4 all these have common roots in history and logic. The term 'martial law' was originally applied to the law adยญ ministered by the court of the Marshal and the Constable of England. There are two theories about the source of the word 'martial' in the expression. One theory is that the term 'martial 1 C. Fairman, The Law of Martial Rule, page 19. 2 idem, page 30


CONTENT

(i) What is Martial Law? 7 โ{128}{148} (ii) Martial Law Compared with the State of Siege 10 -- I. Martial Law in India -- (i) During the East India Companyโ{128}{153}s Rule 15 โ{128}{148} (ii) During the Administration of the Crown 17 โ{128}{148} (a) Ordinance-making Power of the Governor-General 17 โ{128}{148} (b) Martial Law Ordinances 20 โ{128}{148} (c) Administration of Martial Law under the Common Law Rule 39 โ{128}{148} (iii) Constitutional Provision relating to Martial Law 40 -- II. Martial Law in Pakistan -- (i) During the Dominion Period 42 โ{128}{148} (ii) Indemnity Provision in the Constitution of 1956 -51 โ{128}{148} (iii) Martial Law Administration since 1958 -52 โ{128}{148} (iv) Special Features of the Administration 72 -- III. Martial Law in Ceylon -- (i) The Revolt of 1817 โ{128}{147} 75 โ{128}{148} (ii) The Rebellion of 1848 76 โ{128}{148} (iii) Communal Riots in 1915โ{128}{147}78 -- IV. Conclusions -- (i) Comparisons 87 โ{128}{148} (ii) Need for Constitutional Provisions 89โ{128}{148} (iii) Need for Parliamentary Control 91 โ{128}{148} (iv) The Propriety of Martial Law 93 -- Table of Cases -- Table of Enactments


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