| Aspect |
Martial Law |
National Emergency |
| Definition |
Temporary imposition of military authority over civil administration. |
A constitutional provision invoked during threats to national security. |
| Constitutional Basis |
Article 34 of the Constitution of India mentions Martial law. |
Governed by Article 352 of the Indian Constitution. |
| Purpose |
To restore law and order during extreme internal disturbances. |
To safeguard the sovereignty, integrity, and security of India. |
| Suspension of Rights |
Fundamental rights may be suspended temporarily. |
Rights under Articles 19, 20, and 21 may be restricted or modified. |
| Duration |
Typically, it is short-term until the situation normalises. |
Initially, it is for six months, extendable with parliamentary approval. |
| Example in India |
Rarely used, with no formal instance in independent India. |
Declared during wars with China (1962), Pakistan (1965, 1971), and the internal Emergency (1975-77). |