Martial Law in the Indian Constitution

Never Miss an Important Update! Assured Discounts on New Products!

Table of contents

Context (IE): The South Korean president has declared emergency martial law, citing threats from anti-state activities by the opposition. However, Parliament forced him to revert the decision.

About Martial Law

Martial Law is a temporary state of emergency the government declares to address unexpected threats and crises within a country.
Under it, military authorities take over civil administration and are responsible for law and order.

Covered under Article 34 of the Indian Constitution. This concept is borrowed from the British.
Article 34 provides for restrictions on Fundamental Rights while martial law is in force in any area within the territory of India.
It provides Parliament with the right to make any law indemnifying any government servant for acts done during the operation of martial law.
The power of Parliament under this Section is subject to the following two conditions:
- The act must have been done concerning the maintenance or restoration of order.
- Martial law must be in force in the area where the act was done.
The term ‘martial law’ is not defined in the Indian Constitution. There are no explicit grounds mentioned for its imposition.
Post-independence, it was never applied in India.

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	Mentioned under Article 34 of the Constitution of India.	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 Article 19 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).