Article 34 of Indian Constitution

Article 34 of Indian Constitution: Restriction on rights conferred by this Part while martial law is in force in any area.

Article 34 of Indian Constitution

Article 34 Restriction on rights conferred by this Part while martial law is in force in any area – Constitution of India

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Article 34 of Indian constitution Explanation

Article 34: Restriction on Rights During Martial Law
Nature of ProvisionException to the fundamental rights during martial law.
ScopeApplies to the entire territory of India.
Restriction ImposedDuring the period of martial law, certain fundamental rights can be restricted.
Empowering AuthorityParliament has the authority to enact laws for this purpose.
Specific Actions AllowedParliament can indemnify individuals (including those in the service of the Union or a State) for their actions related to maintaining or restoring order during martial law.
Validation of Martial Law ActionsParliament can validate sentences, punishments, forfeitures, or other acts carried out under martial law in the affected area.
Temporary NatureThe provisions of Article 34 are temporary and applicable only during the period when martial law is in force.
PurposeTo provide a legal framework for actions taken under martial law, safeguarding the individuals involved from legal consequences.

Article 34 of the Indian Constitution allows for exceptions to fundamental rights during the imposition of martial law, enabling Parliament to pass laws to indemnify individuals and validate actions taken in the context of maintaining or restoring order in areas where martial law is enforced.

Explanation using Example

Imagine a situation where a region in India faces widespread protests leading to significant unrest. In response, martial law is declared to restore order, granting the military authority to maintain peace. During this period, security forces arrest several individuals suspected of inciting violence or participating in illegal activities.

For instance, let’s say security forces apprehend individuals who were caught vandalizing public property or instigating riots during the protests. These arrests are made to prevent further escalation of violence and restore calm in the affected area.

However, after the situation settles down, questions may arise regarding the legality of the actions taken by the security forces and the sentences passed by military courts during the period of martial law. To address this, Parliament passes a law to indemnify or protect the security forces from legal consequences for their actions during martial law. This means that they cannot be held liable or punished for carrying out their duties to maintain order, even if their actions are later deemed controversial or disputed.

Additionally, Parliament validates the sentences passed by military courts during martial law through this law. For example, if individuals were convicted and sentenced for their involvement in illegal activities during the protests, Parliament’s law confirms that those sentences are legally binding, regardless of any challenges raised later on.

By passing such a law, Parliament ensures that the security forces and others involved in maintaining or restoring order under martial law are shielded from legal repercussions for their actions taken in connection with their duties. This legal protection helps maintain the authority and effectiveness of security measures during times of unrest while upholding the principles of law and order in the country.

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