Martial Law: General Overview and Indian Context
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Martial law is a temporary imposition of military authority over civilian administration, declared to address severe threats or crises within a country. During its enforcement, military authorities assume control over governance and maintain law and order. The declaration is meant to restore normalcy in situations of extreme internal disturbance.
Martial Law in the Indian Constitution
- Constitutional Provision: Martial law is mentioned under Article 34 of the Indian Constitution, a concept derived from British law. While the term is not explicitly defined in the Constitution, it refers to the suspension of regular civil administration in favor of military control.
- Key Features of Article 34: Parliament can impose restrictions on Fundamental Rights (FRs) in areas under martial law. It allows Parliament to enact laws indemnifying government servants for actions taken during the enforcement of martial law.
- Such indemnifications are subject to conditions:
- Actions must aim to restore or maintain order.
- Martial law must be enforced in the area where such actions were carried out.
- Such indemnifications are subject to conditions:
- Post-Independence Scenario: Martial law has never been formally declared in India since independence.
Martial Law vs. National Emergency in India
- Definition: Martial law refers to temporary military governance during internal unrest, whereas a National Emergency is a constitutional mechanism for safeguarding national security.
- Constitutional Basis: Martial law is linked to Article 34, while National Emergency is governed by Article 352.
- Purpose: Martial law is focused on restoring law and order, while National Emergency addresses threats to sovereignty, integrity, or security.
- Rights Suspension: Under martial law, Fundamental Rights can be restricted temporarily, whereas a National Emergency permits modifications to rights under Articles 19, 20, and 21.
- Duration: Martial law is short-term, lasting until the crisis subsides. In contrast, a National Emergency initially lasts for six months but can be extended with parliamentary approval.
- Examples in India: Martial law has no recorded implementation in independent India, while National Emergencies were declared during wars (1962, 1965, 1971) and the 1975-77 internal Emergency.