Martial Law - Definition - Law Dictionary Home Dictionary Definition martial-law

Definition :

Martial law, in India, Parliament by law can impose law in any part of the country in case of grave insurrection and provide for indemnity of acts of persons in the maintenance or restoration of order in any area where martial law was in force, validate any sentence passed, punishment inflicted, forfeiture ordered or any other act done under martial law, Commentary on the Constitution of India, Durga Das Basu, Vol. 2, 4th Edn., p. 297, Constitution of India, Art. 34.

Martial Law, in the proper sense of the term, means the suspension of ordinary law and the government of a country or parts of it by military tribunals. It must be clearly distinguished (1) from 'military law' (see that title), and (2) from that 'martial law' which forms part of the laws and usages of war. The term 'martial law' is also sometimes used as meaning the common law right of the Crown to repel force by force in the case of insurrection, invasion or riot, and to take such exceptional measures as may be necessary for the purpose of restoring peace and order: Manual of Military Law, pp. 3, 4. Martial law was prohibited by the Petition of Right Act of Charles the First, 3 Car. 1, c. 1, s. 7, but was specially authorized by the temporary 43 Geo. 3, c. 117, 3 & 4 Wm. 4, c. 4, and the Restoration of Order in Ireland Act, 1920 (10 & 11 Geo. 5, c. 31), in Ireland. It was proclaimed in Jamaica without authority by Governor Eyre in 1865, but followed by a Jamaica Actof Indemnity which was held good in Phillips v. Eyre, (1870) LR 6 QB 1--Ex Ch; and see the Indemnity Act, 1920 (10 & 11 Geo. 5, c. 48), relating to acts done in the War, commencing 4th August, 1914. Consult Dicey's Law of the Constitution.

Martial law, is arbitrarily in its decisions and is not built on any settled principles, Stroud's Judicial Dictionary, Vol. 2, p. 1563.

Martial law, it is government of a country or district by military tribunals which more or less supersede the jurisdiction of the Courts, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, p. 291.

Martial law, means the suspension of ordinary law and the government by military tribunals, A Dictionary of Law, Willium C. Anderson, 1889, p. 663.

Martial law, refers to military rule in domestic areas in which suspension of municipal law has been declared, Dictionary of Political Science, Joseph Dunner, 1965, p. 338.