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What constitutes an Armed Rebellion?

Please answer the following queries.

1. Is there a formal definition?

2. Can the Maoist movement be called as an armed rebellion?

3. What about the other insurgency movements; like those in Kashmir or North East?

4. Can an emergency under Art. 352 be proclaimed due to any of these movements?


Thank You.

Comments

  • 1. I know it is not defined in the Constitution. I was asking if it is formally defined in political theory.
    Wikipedia article leaves a lot of doubts.

    2. If yes, why hasn't emergency been proclaimed? Don't you think that it would be easier for the Union to take control because State Police force may not be adequately equipped to handle such movements? Rather than sending the central reserved forces to State's aid, the Union can proclaim emergency there.

    3. Punjab suffered from similar movement for over a decade; and during this period, the State was under President's rule for a considerable period of time. Yet Art. 352 was not invoked. Art. 356 was used instead.
    I'd read that the drastic action in June 1984 was taken because Indira's political advisors had convinced her that an open rebellion is imminent. Again the Govt. didn't resort to Art. 352.

    Aizawl was bombed by IAF airplanes in 1966. But still no emergency.

    That was the reason I'd wondered that perhaps militant movements are not characterized as rebellion. Perhaps when untrained civilians resort to armed movement then it may be called as an Armed Rebellion.
  • Ok. Thank You for your response.

    But then I think there is no need to keep 'armed rebellion' in Art. 352 at all.

    If situations so grave (that the Govt. had to use battle tanks inside a sacred place of worship or bomb civilian areas with Air force planes) can be managed, I can't foresee a worse situation.
  • there should be a list of much talk about thing without having constitutional def.

    OBC
    armed rebellion
    कृपया यहां ज्ञान न बांटे यहां सभी ज्ञानी है


  • 1. Is there a formal definition?
    No definition as such in our constitution.


    2. Can the Maoist movement be called as an armed rebellion?

    Yes.

    3. What about the other insurgency movements; like those in Kashmir or North East?
    Yes.

    Is there any source or you are saying from your own understanding?
  • Be it a single person or a group of persons, who carry out armed attack is considered as armed rebellion. But as i said before, the gravity of the situation and the type of solution required will help the cabinet decide the the type of emergency to be proclaimed, if at all.

    Single person rebellion? Rebellion is a movement.
  • edited May 2016
    What is applied in parts of J and K and 75% of NE via AFSPA 1958 is a martial law or emergency ( 352 or 356,365) ??
    Mood bohot kharab hai kya kare
    Prelims -3 Mains-3* Interview - 0*
  • In j&k, NE states rebellions are directed towards the govt and not towards civilians.
    What constitutes armed rebellion is when innocent civilians are threatened by arms,their fundamental rights are jeopardized by arms,vital things like railways,river canals,post n telegraph are hijacked,elected representatives are held hostage,police has been defeated....total constitutional machinery is toppled by arms.
  • edited May 2016

    What is applied in parts of J and K and 75% of NE via AFSPA 1958 is a martial law or emergency ( 352 or 356,365) ??

    Neither Martial Law nor Emergency under provisions you have mentioned here.

    Martial Law is when the highest ranking officer of Military is appointed as head of the government.

    In both JnK and North East,there are elected governments. AFSPA is law passed by Parliament which has been made applicable to these regions. But just the fact that this law gives immense power in the hands of Army does not make these regions come under Martial Law.

    When life gives you lemons, make lemonade :)
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