In the text of the Constitution of India there is no express mention of ‘martial law’ except in Art. 34 which invests Parliament with the power to indemnify persons in respect of acts done in territories where martial law was in force and to validate acts done under martial law. But where in the text of the Constitution is to be found the grant of the power to declare martial law? Some writers have surmised that it is included in the residuary powers. They appear to be apparently unconvincing because the declaration of martial law is essentially an executive act, and not a legislative function. We must turn, therefore, to the powers of the executive Government to locate the power of declaring martial law, and, naturally our quest should take us to the emergency powers first. Article 352 authorises the President to make a Proclamation of Emergency if he is “satisfied that a grave emergency exists whereby the security of India or of an ....