Political Science · Political Institutions in India
Which one of the following Acts has NOT been passed under Article 34 of the Indian Constitution (restrictions during martial law)?
AThe Border Security Force Act
BThe Police Forces (Restriction of Rights) Act
CThe Armed Forces (Special Powers) Act ✓ Correct
DThe Army Act
Correct answer: (C) The Armed Forces (Special Powers) Act — The Armed Forces (Special Powers) Act is not under Article 34, so that is the answer.
Explanation
★The Armed Forces (Special Powers) Act is not under Article 34, so that is the answer.
★Article 34 covers restrictions on rights while martial law is in force.
★It lets Parliament indemnify acts done to restore order under martial law.
★The other listed Acts fall under this provision.
★AFSPA, however, rests on a different legal basis.
★So AFSPA is the one not passed under Article 34.
★Thus the answer is the Armed Forces (Special Powers) Act.
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