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Q71 (CDS-I/2015) Polity & Governance › Federalism & Emergency Provisions › Centre-state relations Answer Verified

When martial law is imposed, Parliament cannot make law in respect of which one of the following matters ?

Result
Your answer: —  Â·  Correct: D
Explanation

Article 34 of the Indian Constitution provides for restrictions on fundamental rights while martial law is in force. It specifically empowers Parliament to enact an 'Act of Indemnity' to protect any person in the service of the Union or a State for acts done to maintain or restore order [3]. Furthermore, Parliament is constitutionally authorized to validate any sentence passed, punishment inflicted, or forfeiture ordered during the period of martial law [3]. The question asks what Parliament 'cannot' do; however, based on the constitutional text of Article 34, Parliament is explicitly empowered to perform all the actions listed in options 1, 2, and 3. Since all listed actions (indemnifying persons, validating sentences, and validating forfeitures) are within Parliament's legislative competence under Article 34, the question appears to be a 'none of the above' type or contains a logical flaw in its negative phrasing, as all options 1-4 are actually powers Parliament possesses.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > MARTIAL LAW AND FUNDAMENTAL RIGHTS > p. 100
  2. [3] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > FEDERALISM WITH A STRONG CENTRAL GOVERNMENT > p. 163
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