Martial Law Meaning, Rules, Martial Law in India & Declaration

Table of Contents

What is Martial Law?

Martial Law is when ordinary laws are suspended, and a country is governed by military courts. In India, Article 34 of the Constitution addresses martial law. The idea of martial law comes from English common law. While the term is not defined in the Constitution, it is implied in Article 34, which allows martial law to be declared in any part of India.

Article 34

This article allows Parliament to restrict certain rights during martial law. It gives Parliament the power to protect individuals in government service from legal action for acts done to maintain or restore order under martial law. However, two conditions must be met:

The act must relate to maintaining or restoring order.
Martial law must be in effect in the area where the act occurred.

Features of Martial Law

It only affects Fundamental Rights.
It suspends normal government functions and ordinary courts.
It is enforced to restore law and order during crises like war, external aggression, or armed rebellion.
It is limited to specific areas of the country.

Military authorities gain special powers to take necessary actions.
The Supreme Court has stated that declaring martial law doesn’t automatically suspend the right to habeas corpus (the right to challenge unlawful detention).

Martial Law Meaning

In contrast to a normal citizen government, 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. Martial law 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. The legal repercussions of declaring martial law vary depending on the location, but they typically include the suspension of basic social equality and the extension of martial law or quasi martial equity to the general public.

Martial Law Rules

The following guidelines about Martial Law are:

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.

Martial Law in India

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).

AFSPA and Martial Law in India

Due to the significant impact of the Armed Forces (Special Powers) Act (1958) and the Armed Forces (Jammu and Kashmir) Special Powers Act, 1990, a detailed discussion of these laws requires a separate article and won’t be covered here. Imposing martial law is rare and serious for a civilian government. When martial law is declared, the military may take full or partial control of government functions, meaning that elected representatives no longer hold power. Civilians give up their control in hopes of restoring order, but there’s a risk that this control may never return.

During martial law, civil liberties—like the freedom to move, express opinions, and protection from arbitrary searches—can be restricted. Military tribunals replace regular courts to handle legal cases.

Under martial law, even minor offenses, like curfew violations, can lead to arrests. Additionally, laws protecting against wrongful imprisonment, like habeas corpus, can be suspended, allowing the military to detain people without a chance for release indefinitely.

Case Law

In A.D.M Jabalpur v. S. Shukla (1976), the Supreme Court noted that martial law is a limited measure and involves military authorities taking control, which is outside the scope of Article 359(1) of the Constitution.

Martial Law vs. National Emergency

Martial law	National Emergency
It affects only Fundamental Rights	It affects Fundamental Rights, centre-state relations etc
It suspends the government and ordinary law courts	Continues their existence
Imposed to restore law and order.	War, external aggression or armed rebellion
Imposed in some specific areas of the country	Some or whole of the country
No specific provision in the constitution	Specific and detailed provision

Martial Law Declaration

Declaring Martial Law is a last resort saved for circumstances where peace and order are fast deteriorating because to the detrimental effects it can have on a nation and its population. For instance, the governor of Idaho imposed martial law in 1892 after a group of unruly mine workers detonated a mill, razing a four-story structure and leaving numerous people dead.

To put an end to demonstrations, civil unrest, or insurrections, martial law may be proclaimed. Additionally, it may be announced after a war when a nation’s military occupies a foreign country.

Typically, a country’s president or other top civilian leader has the authority to impose martial law. Legislation or a nation’s constitution controls the conditions under which it may be declared as well as other restrictions, such how long it may last.

For instance, a president may be permitted to impose martial law for a maximum of 60 days when there is severe civil unrest. If a nation has ratified a multilateral treaty, international rules may also be used to restrict the application and duration of martial law.

Martial Law FAQs

What is martial law?

The military has been granted the authority to exercise control over the populace of a region where things are not going well. Any emergency or danger of conflict is possible. According to the law, local laws are rendered ineffective, and the military is free to enact and enforce whatever laws necessary to ensure public safety.

Who declared martial law?

The country's president imposes martial law 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.

What is the purpose of martial law?

To protect the people in a certain area, martial law is applied. It shields inhabitants from armed conflict and other emergency situations.

What happens if martial law goes into effect?

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

What was martial law in simple terms?

The legislation enacted momentarily by state or federal armed personnel in a region when civil authority has crumbled or during military operations in times of war. The legal system imposed by the military forces of the occupying power on a defeated nation or an occupied area.