Political Science · Political Institutions in India
UGC NET December 2015 Political Science
Which one of the following Acts has been made under Article 34 of the Indian Constitution?
AThe Army Act
BThe Armed Forces Special Power Act (AFSPA) ✓ Correct
CThe Border Security Force Act
DThe Navy Act
Correct answer: (B) The Armed Forces Special Power Act (AFSPA) — Among the options, the Armed Forces Special Powers Act is the one linked to Article 34, so it is the correct answer.
Explanation
★Among the options, the Armed Forces Special Powers Act is the one linked to Article 34, so it is the correct answer.
★Article 34 permits restrictions on fundamental rights while martial law is in force in any area and lets Parliament indemnify persons for acts done to restore order.
★The Armed Forces (Special Powers) Act, 1958 confers special powers on the armed forces in regions declared disturbed areas, including powers of search, arrest and use of force.
★By contrast, the Army Act, the Navy Act and the Border Security Force Act are enacted under Article 33, which restricts the fundamental rights of members of the forces to maintain discipline.
★Martial law is not defined in the Constitution; it implies suspension of ordinary law and temporary governance of an area by military authorities during a grave emergency.
★Martial law under Article 34 differs from a National Emergency under Article 352, in which ordinary courts and the civil administration keep functioning.
★AFSPA has been applied in parts of the North-East and Jammu and Kashmir and was reviewed by the Jeevan Reddy Committee, 2005 amid debate over civil liberties.
★For NET, distinguish Article 33 (rights of the forces restricted by parliamentary law) from Article 34 (martial law and indemnity), and associate AFSPA and disturbed areas with Article 34.
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