Martial Law

News: Recently, South Korean President Yoon Suk Yeol declared martial law, accusing the opposition of endangering democracy and national stability.

About Martial Law

• Martial law is a temporary state of emergency imposed by the government to manage unforeseen threats and crises within the country.
• During martial law, military authorities assume control of civil administration and are responsible for maintaining law and order. This may involve curfews, restrictions on freedoms, and direct military involvement in public security.

Martial Law in Indian Constitution

• Article 34 of the Indian Constitution covers martial Law. This Article addresses the restrictions on rights granted by Part III while martial law is in effect in any area.
• Article 34 states that, despite the previous provisions in this Part, Parliament may, by law, indemnify any person in the service of the Union or a State, or any other individual, for actions taken to maintain or restore order in an area under martial law. Parliament may also validate any sentence, punishment, forfeiture, or other act carried out under martial law in such areas.
• Article 34 grants Parliament the power to create laws for indemnifying individuals for actions taken during the enforcement of martial law. However, this power is subject to two conditions:
  a. The action must be related to maintaining or restoring order.
  b. Martial law must be in effect in the area where the action took place.

Key features of Martial law

• It only affects Fundamental Rights.
• It suspends normal government functions and ordinary courts.
• It is limited to specific areas of the country.

Difference between Martial law and National Emergency