MARTIAL LAW AND FUNDAMENTAL RIGHTS
Article 34:
- Allows Parliament to indemnify acts done during martial law for restoring order. It also validates sentences or penalties imposed during such periods.
- Martial Law refers to military rule under extraordinary conditions like war or rebellion. It differs from National Emergency, as it suspends civil authority and law courts in specific regions, whereas National Emergency impacts the entire governance structure.
Difference between Martial law and National Emergency
Martial law | National Emergency |
It affects only FR | It affects FR, centre-state relations etc |
It suspends the government and ordinary law courts | Continues their existence |
Imposed to restore law and order | War, external aggression or armed rebellion |
Imposed in some specific areas of the country | Some or whole of the country |
No specific provision in the constitution | Specific and detailed provision |