ASKiIMAN™ ARCHIVE / INDIAN POLITY
--:-- · -- --- ----

Martial Law

Article 34: Restriction of Rights during Military Rule

PART I — THE IMPOSITION

ARTICLE 34

Military Rule

  • Restricts FRs when martial law is in force
  • Applies to specific localized areas only
  • Imposed to restore order (war, rebellion, riot)
  • Military authorities gain abnormal powers
DEFINITION

Undefined Status

NULL
  • "Martial Law" is not defined in the Constitution
  • Borrowed from English common law
  • Means suspension of ordinary law
  • Distinct from Armed Forces Special Powers Act

PART II — PARLIAMENTARY PROTECTION

PROTECTION

Indemnification

  • Parliament can indemnify Govt. servants
  • Protects acts done to restore order
  • Cannot be challenged in court
  • Protects against civil/criminal liability
AUTHORITY

Validation of Acts

  • Parliament validates sentences passed
  • Validates punishments inflicted by military
  • Validates forfeitures ordered
  • Legalizes abnormal military tribunal acts

PART III — DISTINCTIONS & SURVIVAL

COMPARISON

Vs. National Emergency

  • Martial Law: Affects only FRs, localized area
  • Emergency: Affects FRs + Centre-State relations
  • Emergency applies to whole country or part
  • Martial law has no specific constitutional provisions
JUDICIAL REVIEW

Habeas Corpus Survives

  • Supreme Court ruling on Martial Law
  • Declaration does NOT ipso facto suspend Habeas Corpus
  • Courts can review if imposition was justified
  • Rule of law continues at a baseline level
Return to Index: Indian Polity