Martial Law is known to be an extreme measure that is taken in certain specific situations like wars and rebellions. It is implemented only when the situation in the country goes absolutely out of control. When Martial Law is implemented the civilian laws are replaced by the military law suspending all the civilian legal processes. It helps in curbing force with the help of another force. This article brings you all the details regarding Martial Law along with its rules and the things that may happen upon its declaration.
Meaning of Martial Law
Martial Law basically means the replacement of the general civil law by the military law in any state or the entire country if needed. No article explicitly talks about Martial Law. However, the only act that discusses a few provisions related to Martial Law is Act 34 of the Constitution of India. The very concept of Martial Law is a gift from the British and their English Common Law. Article 34 discusses the rights of the citizens that can be breached when the Martial Law is in force.
The act allows the Parliament to legally indemnify any person or services of the Union with the acts performed in order to maintain or restore civil order during the implementation of Martial Law. It also allows the Parliament to formulate new acts in order to indemnify a person or services for the acts committed under Martial Law. The only two conditions that must be fulfilled under this section are that the acts must be committed in order to restore civil order and the state or the country must be under Martial Law.
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Martial Law and its Characteristics
Following are the few characteristics of Martial Law in India that one should know.
- Since the law is meant to curb the rebellion and restore civil order, the first thing that the implementation of Martial Law affects is the fundamental rights of the citizens.
- It leads to a suspension of the ruling government of the affected areas.
- It can be implemented under three conditions that are external aggression, armed rebellion, or war.
- It may be imposed on the areas affected by rebellion.
- When Martial Law is implemented, the military replaces the current government and is granted many powers in order to restore order.
- According to a declaration made by the Supreme Court of India, the implementation of Martial Law does not lead to a suspension of Habeas Corpus.
Rules Related to Martial Law
Following is a set of a few rules regarding the implementation of Martial Law.
- If the situation of war or rebellion goes out of control, the president of the country or the governor of the state affected may go ahead and apply Martial Law.
- In order to implement Martial Law, an emergency situation that cannot be handled without force must exist.
- Once the Martial Law is implemented, the military forces will take over the administration of the affected areas.
- The commander of the military will have the power to make any decision that he may deem best for the general population of the affected area.
- The implementation of it will lead to a breach of the fundamental rights of the citizens.
Martial Law in Indian History
After India successfully achieved independence from the British, Martial Law has never been implemented in the country. However, during the British Raj, India witnessed the implementation of Martial Law multiple times, the most significant incident being the Martial Law implemented by General Dyer in the year 1919. It was implemented in order to curb the rebellion that was sparked after the Amritsar Massacre popularly known as the Jallianwala Bagh Massacre that took place on the 13th of April 1919 after the Rowlatt Act was imposed. The British government also passed the Defense of India Act in the year 1915 which led to the implementation of Martial Law.
The Declaration of Martial Law
Martial Law can be implemented under various circumstances the only conditions being that the areas concerned must be in the state of emergency and it must be treated as the last option in order to ensure the restoration of civil order. For example, a governor of Idaho in the year 1892 implemented Marital Law when a group of out-of-control mine workers detonated a four-storey factory building causing multiple deaths.
It may also be implemented in case of war when the military of one country has freshly occupied the land of another country. It is generally implemented by the President of the country and the constitution controls other aspects like how long it should last. For example, a president is allowed to implement Martial Law for 60 days at max in case of serious rebellion. The implementation rules of other countries may also be considered in the case of a multilateral treaty.
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What is the difference between Martial Law and National Emergency?
After India achieved its independence from the British government, the company did not see any Martial Law implementation but there were multiple national emergencies imposed. Following are the differences between Martial Law and National Emergency.
| Martial Law | National Emergency |
|---|---|
| It leads to a breach of the fundamental rights of the citizens. | It not only leads to a breach of the fundamental rights of the citizens but also affects the centre-state relationships. |
| It suspends the current ruling government and other ordinary law courts. | It allows the continuation of the existence of the ruling government and other ordinary law courts. |
| It is implemented in order to restore civil order. | It is implemented in case of war or external aggression. |
| It is implemented in the affected areas. | It is implemented in some parts of the whole nation. |
| It has no particular provision in the constitution. | It has particular and detailed provisions in the constitution. |