Martial Law is the imposition of military forces on the general civil administration and functions where the military will be responsible for all the administration and will carry out all the functions of civil authorities.
Article 34 of the Indian constitution, if put simply says that in a situation where the area is under Martial Law, if a military official or one such person who is serving the union exercises his powers and acts in an attempt to restore harmony of that particular area then he would be compensated lawfully by the Parliament for his actions.
Rules Of Martial Law
- The president or the governor of the state can proclaim martial law.
- There should be a situation of emergency.
- Army will take over all the powers to run the particular area.
- Local authorities will not have any control over that particular area during the application of this law.
- Military commander will be the head to take any decisions for the benefit of the people of that particular area.
- It will restrict the fundamental rights of the citizens.
Suspension Of Rights
The proclamation of martial law will suspend fundamental rights like, right to speech, right to movement etc. also, the possibilities are that the military tribunal will deal with all the civil and criminal cases during that time. So, if any person breaks the law during that time, he will be punished according to the military laws.
Martial Law vs National Emergency
Although these two concepts sound very similar to each other, there are some subtle differences that segregate both from each other.
| National Emergency | Martial Law |
| It has control over the relationship between the state and the Centre. All the transactions and affairs are undertaken. | It only controls the fundamental rights of the people and is untouched by every other aspect. |
| Situations like War and armed rebellion prevail in the imposition of a National Emergency. | Situations like social disturbance and breakdown of law prevail Martial Law |
| It can be imposed on a whole country. | It can be imposed on a particular area. |
Conclusion
The application of martial law is done in very rare and extreme conditions. It is a good way to control society during the time of war or any time of disaster. After the proclamation, the few or all the wings of the government of that particular area is handed over to the military.
Martial Law And FRs, Martial Law And FRs
Read Also: Armed Forces And Fundamental Right
