Martial Law in India, Pakistan and Ceylon


Book Description

(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


Book Description

This book covers the historical perspective of martial law in India and compares it with a few other countries.










Military Law in India


Book Description










The Jurisprudence of Emergency


Book Description

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.




Laws Affecting the Rights and Liberties of the Indian People


Book Description

Excerpt from Laws Affecting the Rights and Liberties of the Indian People: From Early British Rule This publication appears at an opportune moment. The constitution of India is in the crucible. A new legislature, the first born of the Reform Scheme of which Mr. Montagu and Lord Chelmsfordare thejoint sponsors, has held its initial meeting at Delhi and the two branches of the legislature, the Council ofState and the Legislative Assembly, have been blooded in their first taste of Parliamentary education and Parliamentary procedure. The experiment augurs well for the future. Two committees have been appointed to scrutinise and report upon laws which for some years have imposed severe and to some minds unwarrantable restrictions upon the liberty of the subject. The repressive laws which have aroused bitter resentment, it is hoped, will now disappear, while the revision of the fetters imposed upon the Press of this country will either be sensibly modified or removed. A new spirit of freedom as of nationality is awake throughout the land. The first step is a call for more breathing space and the Government, it may be inferred from their approval of the nomination of the two committees, are not indisposed to answer to that call. If the investigation is to be thorough, those responsible for it will find plenty of food for thought in the leaves of this compilation. Here are gathered together much of the legislation which had evoked the major portion of the mistrust convulsing the peoples of India. I do not suppose that its Author pretends that this offering of his industry and brain is exhaustive. He has none the less collected into a handy space information from sources worthy of respect which will shed light upon the legitimate use and function of Martial law and the lamentable misuse of both in the Punjab during 1919. It fell to my lot to appear in the year 1915 in Colombo where ordinary rioters, free of all political taint, were tried summarily by drum head Courts Martial while the ordinary Municipal Courts of law were open and sitting. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.