Fundamental Rights: Article 34

  • What is it?: Martial Law and Fundamental Rights
    • Article 34 provides for restrictions on fundamental rights when martial law is in force to maintain or restore order in extraordinary situations.
    • Indemnity laws made by Parliament under Article 34 cannot be challenged in court for contravening fundamental rights.
    • Martial law, borrowed from English common law, signifies military rule during emergencies like war, rebellion, or violent unrest, replacing ordinary law with military tribunals.
    • Military authorities can restrict civilian rights, impose regulations, and punish civilians, including capital punishment, to restore order.

 

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