Article 34 of Constitution of India – Restriction on rights conferred by this Part while martial law is in force in any area.
Article 34 of Constitution of India deals with Restriction on rights conferred by this Part while martial law is in force in any area.
Original Text of Article 34 of 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.
Questions related to Article 34 of Constitution of India
Article 34 allows Parliament to restrict or suspend Fundamental Rights in areas where martial law is in force, to ensure national security and maintain order under the Constitution of India.
Martial law refers to a military takeover of civil administration in a specific area, usually during rebellion or war. It is different from a constitutional emergency under other Articles of Indian Constitution like Article 352.
Article 34 gives legal protection to actions taken under martial law, but courts can still examine whether the declaration of martial law was valid. You’ll find such discussions in case law on Indian Kanoon.
No, Article 34 applies only to the area where martial law is declared. It does not affect Fundamental Rights in regions where normal constitutional governance is in place under the Indian Constitution.
You can explore Indian Kanoon to find judgments and interpretations of Article 34, especially in the context of internal disturbances and military intervention under the Constitution of India.
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