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
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