Article 34: Martial Law and Fundamental Rights

Fundamental Rights (Part III of the Constitution) guarantee essential liberties to Indian citizens. However, there are extraordinary situations where these rights can be restricted. Article 34 deals with the restriction of Fundamental Rights when 'Martial Law' is in force.

Question (Click to Flip)

Can state legislatures pass an Act of Indemnity under Article 34?

Answer

No. Only the Parliament of India (the central legislature) has the power to make a law indemnifying persons under Article 34.

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Key Facts

The term 'Martial Law' is nowhere explicitly defined in the Constitution.

Martial Law is different from a National Emergency (Article 352). Martial law only affects fundamental rights and applies to a specific area, while a National Emergency affects center-state relations and the whole country.

Even under martial law, the Supreme Court has ruled that the right to approach the courts for the writ of Habeas Corpus cannot be suspended entirely without legislative backing.

1. What is Martial Law?

Martial Law essentially means 'military rule'. It is imposed in an area when the ordinary law and civil administration completely break down due to war, rebellion, or massive riots, and the military takes over to restore order.

2. Provisions of Article 34

Under Article 34, Parliament is empowered to:

Indemnify (protect from legal action) any government servant or any other person for any act done by them to maintain or restore order in an area where martial law was in force.
Validate any sentence passed, punishment inflicted, or forfeiture ordered under martial law. This means that if military personnel take extreme actions (which normally violate fundamental rights) to restore peace during martial law, Parliament can pass an Act to legally protect them from prosecution.

Questions and Answers

Can state legislatures pass an Act of Indemnity under Article 34?+

No. Only the Parliament of India (the central legislature) has the power to make a law indemnifying persons under Article 34.

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