MARTIAL LAW-2023

Table of Contents

INTRODUCTION

In simple meaning, Martial Law is a set of laws administered by the military. In a crisis or in response to an emergency, martial law may be declared in order to maintain control over the situation. It is a short set of regulations issued by military authorities in a designated area during a crisis when the civil government is deemed unable to function.

It is not defined by legislation in India; instead, it derives its authority from the Indian constitution. During a period of martial law, Article 34 of the Constitution places limitations on citizens’ fundamental rights.

Martial Law Rules

The state’s governor or the president can declare martial law.
An emergency situation should exist.
The Army will assume control of all administrative functions in that area.
When this law is in effect, local authorities won’t have any control over that specific area.
The military commander will be in charge of making any decisions that are in the best interests of the local populace.
It will impose restrictions on citizens’ fundamental rights.

Habeas Corpus and Martial Law in India

One cannot overstate the importance of the Habeas Corpus writ. This privilege is a significant one under the Constitution and is frequently referred to as the “first security of civil liberty.” No place in India has ever declared martial law, however, there have been declared emergencies. The infamous case of ADM Jabalpur v. Shivkant Shukla must never be overlooked while talking about habeas corpus and emergency (1976 SC).

Who declared martial law?

The country’s president imposes ML in a certain region of the country. He gives the military commander all the authority necessary to implement new laws for the protection of the populace.

In India, it is declared by the government in any area within the territory of India under Article 34 of the Indian Constitution.

What happens if It goes into effect?

The military commander of a region or nation has unrestricted power to enact and enforce laws when It is in existence. When civilian power no longer exists, is fully absent, or is inefficient, martial law is appropriate.