Martial Law In India

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Martial Law in India, Pakistan and Ceylon

Author : Joseph Minattur
Publisher : Springer
ISBN 13 : 9401192928
Total Pages : 105 pages
Book Rating : 4.4/5 (11 download)

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Book Synopsis Martial Law in India, Pakistan and Ceylon by : Joseph Minattur

Download or read book Martial Law in India, Pakistan and Ceylon written by Joseph Minattur and published by Springer. This book was released on 2012-12-06 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt: (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 govern ment in occupied areas, any kind of arbitrary government in which the military arm plays a dominant role, and the emergency ad 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 ad 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.

Martial Law in India: Historical, Comparative and Constitutional Perspective

Author : K. Ratnabali
Publisher :
ISBN 13 : 9789389620689
Total Pages : 284 pages
Book Rating : 4.6/5 (26 download)

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Book Synopsis Martial Law in India: Historical, Comparative and Constitutional Perspective by : K. Ratnabali

Download or read book Martial Law in India: Historical, Comparative and Constitutional Perspective written by K. Ratnabali and published by . This book was released on 2020-10 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Emergency Powers and the Courts in India and Pakistan

Author : Imtiaz Omar
Publisher : BRILL
ISBN 13 : 9004481095
Total Pages : 235 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Emergency Powers and the Courts in India and Pakistan by : Imtiaz Omar

Download or read book Emergency Powers and the Courts in India and Pakistan written by Imtiaz Omar and published by BRILL. This book was released on 2021-10-18 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fundamental premise of this study is that where Constitutions, such as that of India and Pakistan, articulate legal norms which limit the scope of the executive power to derogate from individual rights during states of emergency, there must likewise exist an effective control mechanism to ensure that the Executive acts within the scope of that power. Viewed from this perspective, the judicial power to interpret the Constitution imposes upon the Court the constitutional duty to provide adequate safeguards against the abuse of state power affecting individual rights. This power remains available notwithstanding the presumed or purported ouster of judicial review. The concept of judicial review as a source of control is examined in the light of the experience of Pakistan and India during periods of constitutional emergency. The divergent approaches of the Courts in these countries, in litigation concerning emergency powers and individual rights, are explained in terms of divergent views that these Courts have adopted with respect to the nature of judicial review.

The Law of Emergency Powers

Author : Abhishek Singhvi
Publisher : Springer Nature
ISBN 13 : 9811529973
Total Pages : 336 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis The Law of Emergency Powers by : Abhishek Singhvi

Download or read book The Law of Emergency Powers written by Abhishek Singhvi and published by Springer Nature. This book was released on 2020-10-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

The Jurisprudence of Emergency

Author : Nasser Hussain
Publisher : University of Michigan Press
ISBN 13 : 0472037536
Total Pages : 211 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Jurisprudence of Emergency by : Nasser Hussain

Download or read book The Jurisprudence of Emergency written by Nasser Hussain and published by University of Michigan Press. This book was released on 2019-08-02 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.

From Martial Law to Martial Law

Author : Syed Nur Ahmad
Publisher : Routledge
ISBN 13 : 9780367169794
Total Pages : 470 pages
Book Rating : 4.1/5 (697 download)

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Book Synopsis From Martial Law to Martial Law by : Syed Nur Ahmad

Download or read book From Martial Law to Martial Law written by Syed Nur Ahmad and published by Routledge. This book was released on 2022-06-30 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited translation of Syed Nur Ahmad's landmark study, Martial Law to Martial Law, provides the most comprehensive study in English or Urdu of the politics of the Punjab. Drawing on his career as a journalist and as former director of information for the government of the Punjab, Nur Ahmad gives an eyewitness account of the politics of the province from the imposition of martial law in 1919 (following the Jalianwala Bagh massacre) to the reestablishment of martial law accompanying the coup d'etat led by General Ayub Khan in Pakistan in 1958. Nur Ahmad relates the events in the Punjab to the larger Indian Muslim political scene, assesses the development and eventual decline of the Unionist Party (which stood against the partition of India), and traces the rise of support for the Muslim League. He also looks at the post-independence period in Pakistan and the failure of the parliamentary regime, discussing how national-level politics affected the Punjab._

A Treatise on Martial Law, and Court Martial

Author : Alexander Macomb
Publisher :
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis A Treatise on Martial Law, and Court Martial by : Alexander Macomb

Download or read book A Treatise on Martial Law, and Court Martial written by Alexander Macomb and published by . This book was released on 1809 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Martial Law and English Laws, c.1500-c.1700

Author : John M. Collins
Publisher : Cambridge University Press
ISBN 13 : 9781107469488
Total Pages : 333 pages
Book Rating : 4.4/5 (694 download)

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Book Synopsis Martial Law and English Laws, c.1500-c.1700 by : John M. Collins

Download or read book Martial Law and English Laws, c.1500-c.1700 written by John M. Collins and published by Cambridge University Press. This book was released on 2020-03-26 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: John M. Collins presents the first comprehensive history of martial law in the early modern period. He argues that rather than being a state of exception from law, martial law was understood and practiced as one of the King's laws. Further, it was a vital component of both England's domestic and imperial legal order. It was used to quell rebellions during the Reformation, to subdue Ireland, to regulate English plantations like Jamestown, to punish spies and traitors in the English Civil War, and to build forts on Jamaica. Through outlining the history of martial law, Collins reinterprets English legal culture as dynamic, politicized, and creative, where jurists were inspired by past practices to generate new law rather than being restrained by it. This work asks that legal history once again be re-integrated into the cultural and political histories of early modern England and its empire.

Presidential Legislation in India

Author : Shubhankar Dam
Publisher : Cambridge University Press
ISBN 13 : 1107039711
Total Pages : 279 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Presidential Legislation in India by : Shubhankar Dam

Download or read book Presidential Legislation in India written by Shubhankar Dam and published by Cambridge University Press. This book was released on 2014 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the president of India's authority to enact legislation (or ordinances) at the national level without involving parliament.

Study and Practice of Military Law (7th Edition-2010) (Revised and Enlarged)

Author : Col. G.K. Sharma
Publisher :
ISBN 13 : 9788184502848
Total Pages : 0 pages
Book Rating : 4.5/5 (28 download)

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Book Synopsis Study and Practice of Military Law (7th Edition-2010) (Revised and Enlarged) by : Col. G.K. Sharma

Download or read book Study and Practice of Military Law (7th Edition-2010) (Revised and Enlarged) written by Col. G.K. Sharma and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Army and Nation

Author : Steven Wilkinson
Publisher : Harvard University Press
ISBN 13 : 0674728807
Total Pages : 304 pages
Book Rating : 4.6/5 (747 download)

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Book Synopsis Army and Nation by : Steven Wilkinson

Download or read book Army and Nation written by Steven Wilkinson and published by Harvard University Press. This book was released on 2015-02-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Steven I. Wilkinson explores how India has succeeded in keeping the military out of politics, when so many other countries have failed. He uncovers the command and control strategies, the careful ethnic balancing, and the political, foreign policy, and strategic decisions that have made the army safe for Indian democracy.

The Law and the Lawyers

Author : Mahatma Gandhi
Publisher :
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law and the Lawyers by : Mahatma Gandhi

Download or read book The Law and the Lawyers written by Mahatma Gandhi and published by . This book was released on 1962 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Amritsar

Author : Alfred Draper
Publisher : Weidenfeld & Nicolson
ISBN 13 :
Total Pages : 328 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Amritsar by : Alfred Draper

Download or read book Amritsar written by Alfred Draper and published by Weidenfeld & Nicolson. This book was released on 1981 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based On Unpublished Material, It Tells The Fascinating Story Of Political Intrigue And Expediency, Deception And Deliberate Concealment Of The Truth, It Tells The Story Of Jalianwala Bagh Massacre.

Military Government and Martial Law

Author : William Edward Birkhimer
Publisher :
ISBN 13 :
Total Pages : 698 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Military Government and Martial Law by : William Edward Birkhimer

Download or read book Military Government and Martial Law written by William Edward Birkhimer and published by . This book was released on 1904 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Philippines

Author : Virginia A. Leary
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Philippines by : Virginia A. Leary

Download or read book The Philippines written by Virginia A. Leary and published by . This book was released on 1984 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Map.

The Evolution of Military Law in India

Author : Dr U C Jha
Publisher : Vij Books India Pvt Ltd
ISBN 13 : 8194285127
Total Pages : 1378 pages
Book Rating : 4.1/5 (942 download)

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Book Synopsis The Evolution of Military Law in India by : Dr U C Jha

Download or read book The Evolution of Military Law in India written by Dr U C Jha and published by Vij Books India Pvt Ltd. This book was released on 2020-02-04 with total page 1378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The earliest completed code of the British army dates back to the 14th century when the “Statutes, Ordinances and Customs” were issued by Richard II to his Army in 1385 on the occasion of war with France. These statutes called “Articles” or “Ordinances of War” were issued under the prerogative power of the Crown. The earlier Articles were of excessive severity prescribing death or loss of limb as punishment for almost every crime. There were thousands of instances of accused native soldiers being blown from a gun on the orders of their commander. As minor punishment, an accused could be branded with hot iron for swearing. He could even be flogged in public or ordered to ride the wooden horse. This book provides an insight into the origin and development of the legal system of the Indian Army from the year 1600 to 1947 including that of the Navy and Air Force. A total of 40 statutes passed by the British Parliament and the Articles of War issued by the Crown for governing the military forces during that period have been included. This book is for military historians, military personnel, military lawyers, academics, journalists, and those with an interest or professional involvement in the subject.

Faithful Fighters

Author : Kate Imy
Publisher : Stanford University Press
ISBN 13 : 1503610756
Total Pages : 361 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Faithful Fighters by : Kate Imy

Download or read book Faithful Fighters written by Kate Imy and published by Stanford University Press. This book was released on 2019-12-10 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the first four decades of the twentieth century, the British Indian Army possessed an illusion of racial and religious inclusivity. The army recruited diverse soldiers, known as the "Martial Races," including British Christians, Hindustani Muslims, Punjabi Sikhs, Hindu Rajputs, Pathans from northwestern India, and "Gurkhas" from Nepal. As anti-colonial activism intensified, military officials incorporated some soldiers' religious traditions into the army to keep them disciplined and loyal. They facilitated acts such as the fast of Ramadan for Muslim soldiers and allowed religious swords among Sikhs to recruit men from communities where anti-colonial sentiment grew stronger. Consequently, Indian nationalists and anti-colonial activists charged the army with fomenting racial and religious divisions. In Faithful Fighters, Kate Imy explores how military culture created unintended dialogues between soldiers and civilians, including Hindu nationalists, Sikh revivalists, and pan-Islamic activists. By the 1920s and '30s, the army constructed military schools and academies to isolate soldiers from anti-colonial activism. While this carefully managed military segregation crumbled under the pressure of the Second World War, Imy argues that the army militarized racial and religious difference, creating lasting legacies for the violent partition and independence of India, and the endemic warfare and violence of the post-colonial world.