Article 34 - Indian Constitution [Explanation]

This article is a compilation of Article 34 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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Article 34

Chapters of Content

📜 Article 34

34. 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.

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🔍 Explanation

Part 3 of the constitution deals with fundamental rights. This part extends from Articles 12 to 35. Article 12 defines the State and Article 13 defines the law.

From article 14 to article 32 all the fundamental rights are compiled. Articles 33, 34 and 35 are special provisions which discuss certain exceptions. In this article we are going to understand Article 34;

⚫ Article-33 – Indian Constitution

⚫ Article-35 – Indian Constitution

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| Article 34 – Restrictions on the rights conferred by this part when martial law is in force in any area

This article talks about restrictions on fundamental rights in unusual circumstances like imposition of martial law. In other words, whenever martial law is in force anywhere in India, there can be restrictions on fundamental rights under Article 34.

Martial law simply means taking control of the general administration by the army. As soon as this happens, the ordinary law is completely abolished and the military administration gets some extraordinary powers. Such as giving death sentence to a citizen, etc.

Although martial law is not explained in the constitution but it is understood to mean military rule.

◾ Parliament may, by law, indemnify any person in the service of the Union or any State in respect of such work, which has been done in the maintenance of order or restoration work in the martial law area.

By this article, the Parliament has been given the power to make an immunity act to protect the illegalities committed during the enforcement of military law . That is, the Parliament can give validity to the punishment or other order issued in the area of martial law.

remember, It does not say anything about the suspension of Habeas Corpus . That is, this suspension will not automatically happen by the announcement of military law. The only provision for suspension of habeas corpus is in Article 359.

In that too, after the 44th Amendment Act, now Article 21 cannot be suspended by an order under Article 359. And notwithstanding the suspension of Article 32, if any person is restrained without authority of law, he may apply for Habeas Corpus.

Difference between martial law and national emergency

◾ Article 34 says that the fundamental rights conferred by Part 3 of the Constitution can be restricted when martial law is in force in an area.

That is, whenever martial law is implemented anywhere in India, there can be restrictions on fundamental rights under Article 34. In such a situation, the general administration is taken over by the military regime and it has certain privileges that can be given by the parliament.

On the other hand, talking about national emergency, it is imposed under Article 352, it is generally arranged to be imposed in the event of war, external aggression and armed rebellion within the country.

In this case, under Article 358, Article 19 (which talks about freedom of expression and various other kinds) gets suspended. Also, under Article 359, the President gets the right to suspend other fundamental rights except Article 20 (protection in respect of conviction for crime) and Article 21 (life and personal liberty).

In case of war, internal disturbance, riot or violation of law, emergency can be imposed and martial law can be imposed but still there is some fundamental difference between the two. So let’s see what it is –

◾ In any situation like war, internal disturbance or armed rebellion etc., if law and order breaks down or anarchy spreads in any part of the country, then martial law is imposed in such a situation.

◾ On the other hand, if we talk about national emergency, even if there is no breakdown of law and order, it can be imposed even if there is war, external aggression or armed rebellion.

◾ Martial law completely affects the fundamental rights given by the constitution. Even where it is in force, the government and the ordinary courts of law are suspended.

In other words, martial law simply means taking control of the general administration by the army. As soon as this happens, the ordinary law is completely abolished and the military administration gets some extraordinary powers. Such as giving death sentence to a citizen, etc.

◾ Martial law can be implemented only in certain areas, while emergency can be implemented across the country as well as in any area.

Overall, it affects only the area where martial law is imposed. Whereas national emergency can affect the whole country simultaneously.

◾ Talking about emergency, the fundamental right is affected by it, but along with it, the administrative and financial relationship between the center and the state is also affected. The power of the President and the Parliament increases. While martial law increases military power.

◾ During martial law, military officers get so much authority that they can even give death sentence to a civilian. At the same time, this cannot be done during emergency because the normal judicial system is not suspended in it.

◾ No specific procedure or arrangement has been mentioned in the constitution regarding martial law. While the clear definition of National Emergency is described in the Constitution.

So overall this is Article 34, I hope you have understood. To understand other article, you can use the link given below.

| Related Article

Hindi Articles	English Articles
⚫ अनुच्छेद 33 ⚫ अनुच्छेद 35 ⚫ अनुच्छेद 28 ⚫ अनुच्छेद 29	⚫ Article 33 ⚫ Article 35 ⚫ Article 28 ⚫ Article 29

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⚫ Constitution
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India

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Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.