.JPG) |
| What is Article 34 of Indian constitution |
Article 34 of the Indian Constitution deals with restrictions on fundamental rights during martial law in any part of India.
📜 Text of Article 34 (Simplified)
Parliament may by law indemnify (protect) public servants or others for actions taken during the imposition of martial law in any area, even if those actions violate fundamental rights.
✅ Key Concepts of Article 34
| Term | Meaning |
|---|---|
| Martial Law | Temporary military control in a region during extreme situations (war, rebellion, etc.) |
| Indemnify | To protect someone from punishment or legal action |
🛡️ What Does Article 34 Allow?
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If martial law is declared, the military may take control and restrict normal rights.
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Parliament can pass a law to protect soldiers or officials from legal consequences, even if they violate fundamental rights during this time.
🪖 Example:
During a violent rebellion, if the army imposes curfew, arrests people without warrant, or uses force, those actions may violate rights like:
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Right to freedom (Article 19)
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Right to life and liberty (Article 21)
👉 Under Article 34, Parliament can protect them from being punished for such actions.
🔍 Important Points:
| Point | Detail |
|---|---|
| Applies when | Martial law is declared in any part of India |
| Who gets protection | Armed forces, civil officers, or any person acting under government orders |
| Who can make the law | Only Parliament, not state legislatures |
| Purpose | To ensure national security and discipline in extreme situations |
🔄 Difference: Martial Law vs Emergency
| Feature | Martial Law | National Emergency (Art. 352) |
|---|---|---|
| Who imposes | Military | President on advice of Cabinet |
| Scope | Local (only part of India) | Nationwide or large area |
| Control | Military temporarily replaces civil authority | Civil government remains |
| Legal basis | Covered by Article 34 | Covered by Articles 352–360 |
📌 Summary of Article 34
| Feature | Description |
|---|---|
| Type of article | Special provision during Martial Law |
| Who gets protection | Armed forces and officials acting under State authority |
| What it allows | Parliament can protect actions done in violation of rights during martial law |
| Purpose | To maintain law and order during war-like situations |
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