Contents
Introduction
Fundamental Rights (FR) have been included under Part III of our Constitution. However, these are not absolute. Reasonable restrictions can be imposed on them. One such restriction is that of martial law.
What is Martial law?
Literally, it means ‘military rule’. It refers to a situation where military authorities run the civil administration as per their own rules and regulations. Ordinary law is not adhered when martial law is under operation.
- The concept of martial law has been borrowed from English Common Law.
- The definition of ‘martial law’ has not been mentioned explicitly in the Constitution of India. However, the provision of martial law is implicit in Article 34.
- Article 34 provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India.
- Martial law is imposed under extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to the law. Its justification is to repel force by force for maintaining or restoring order in society.
- Military authorities gain abnormal powers when martial law is under operation.
Now, let’s learn a little bit about emergency provisions in the Constitution of India.
National Emergency
Provisions related to an emergency are contained in Part XVIII – Article 352 – 360. The constitution has provided for three types of emergencies:
- National Emergency (Article 352): An emergency due to war, external aggression or armed
rebellion. - President’s rule (Article 356): An emergency due to failure of Constitutional machinery in the states.
- Financial Emergency (Article 360): Emergency due to a threat to the financial stability or credit of India
Difference between National Emergency and martial law
Here are some key differences:
National Emergency | Martial Law |
| 1. Concept borrowed from the German Constitution | 1. Concept borrowed from English Common Law |
| 2. It affects not only Fundamental Rights but also Centre-state relations, distribution of revenues and legislative powers between Centre and states. It may extend the tenure of the Parliament. | 2. It affects only Fundamental Rights (FRs) |
| 3. Government and ordinary law courts continue. | 3. Government and ordinary law courts suspended. |
4. National Emergency can be imposed only on three grounds–
| 4. Martial law is imposed to restore the breakdown of law and order due to any reason |
| 5. It is imposed either in the entire country or in any part of it. | 5. It is imposed in some specific area of the country |
| 6. Has specific & detailed provisions in the Constitution. It is explicit. | 6. It has no specific provision in the Constitution. It is implicit. |
Thus, Martial law (under Article 34) is very different from the declaration of National Emergency (under Article 352).
This wraps up another part of our ”Difference between series’. We hope you liked it.
Till next time!
| Also read: What is a federal polity? |
| Read more: Other articles in the difference between series |
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