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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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The Army and Law and Order 1

The Army and Law and Order 1

(p.286) 47 The Army and Law and Order1

A.G. Noorani

Oxford University Press

This chapter analyses the issue of deployment of the army on the request of the state government to quell disturbances. Mr Sharad Pawar's criticism on the frequent deployment of the army has been widely welcomed. The army should be brought out only under extreme circumstances, as when anti-national forces threaten to destroy the country's fabric and the police and paramilitary forces fail to pacify or curb the situation. The army was trained to 'shoot to kill' and it is grievously callous on the part of the civil administration to embroil it in such situations. There appears to be a conflict between Sections 130(3) and 131 of the Criminal Procedure Code and the Defence Services Regulations. Sections 130 and 131 reflect British practice in the nineteenth century. A suitable revision of Sections 130 and 131 of the Code will offer an effective check.

Keywords:   army, armed forces, police, Criminal Procedure Code, Defence Services Regulations, Section 130, Section 131, state governments, civil administration

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