Chapter 1 - The Concept of Emergency Powers in History and
Political Thought: Greek, Roman, and Indian paradigms
I. Ideas Underlying the Concept of Emergency Powers
II. The Greek Period
III. The Roman Dictatorship
i. Appointment of Dictators
ii. Limitations of Time
iii. Non-Derogable Areas
iv. Other limitations
v. Some additional effects of use of emergency powers
vi. The decline of the dictatorship
IV. Ancient and Medieval India
Chapter 2 - Martial Law: A Comparative Analysis of the USA, the UK,
and India
I. Introduction
II. A Brief History of Martial Law
III. Martial Law in the United States
i. Military Law, Military Government and Martial Law
ii. Absolute and Qualified Martial Law & Preventive and Punitive
Martial Law
iii. State of Insurrection and State of War
iv. Historical Instances of Use of Force
v. Is Martial Law Constitutional in USA?
vi. Proclamation of Martial Law
a. Identity of Proclaimer
b. Nature and Content of Proclamations
c. Necessity and Effect of Proclamations
vii. Permissible consequences of Martial Law
a. Exercise of powers in absence of trial of civilians by military
tribunals
b. Trials of civilians by military tribunals
viii. Suspension of the writ of Habeas Corpus
a. Martial Law and Suspension of Writ of Habeas Corpus differentiated
b. Who may suspend the writ?
IV. Martial Law in England
i. Historical Evolution and Significant Instances of Use
ii. Martial Law: Prerogative or Common Law?
iii. Proclamations of Martial Law
V. Martial Law in India
i. Pre-Independence Judicial Opinion
ii. Post-Independence Judicial Opinion
iii. Can Martial Law be proclaimed under article 34?
An alternative view: Historical Analysis of article 34
Chapter 3 - Military Acting in Aid of Civilian Authority
I. Introduction
II. Use of Military in Situations not amounting to Martial Law in the
United States
i. The National Guard
ii.
