Constitution of India · Section Article 34
Restriction on rights conferred by this Part while martial law is in force in any area
Article 34 — Restriction on rights conferred by this Part while martial law is in force in any area
- Restriction on rights conferred by this Part while martial law is in force in any area.—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.
Plain English Summary
This article allows the Parliament to make laws that protect or validate actions taken by people who were involved in maintaining order during a time when martial law was active in a specific area. Essentially, it provides legal protection for actions taken under martial law.
Key Points
- Parliament has the power to create laws regarding martial law.
- These laws can indemnify (protect) individuals serving the Union or a State.
- It validates any sentence, punishment, or order made under martial law in that area.
- This provision overrides other rules within this Part when martial law is in effect.
Why It Matters
It establishes a legal framework to ensure accountability and protection for actions taken during emergency situations where martial law is declared, ensuring legal clarity for those involved.
Landmark Judgements
No major landmark judgements.