What is Martial Law?

Martial Law means the implementation of military rule in place of people’s governance. It is a drastic measure generally invoked during Emergencies like war, rebellion, or natural disasters where civilian authorities struggle to maintain order. Under Martial Law, the military takes control of a specific region, hence executing laws and maintaining public safety. Furthermore, this usually includes the suspension of particular civilian Rights and legal processes. Read on to learn more in detail about Martial Law as well as Martial Law in India! 

Characteristics of the Law

Moreover, here are the characteristics of Martial Law:

• Military Authority: The military takes over law enforcement and administrative duties from civilian institutions.

• Suspension of Rights: Civil liberties like freedom of movement, assembly, and due process might be temporarily restricted.

• Military Tribunals: In addition, civilian court systems may be overlooked, with the military being the judge of offences.

• Curfews: The restrictions on movement during specific times are common.

Also Read: Media: The Fourth Pillar of Democracy

What is Martial Law in India?

India’s legal system does not have a codified law for Martial Law. However, the Indian Constitution authorises the Central Government to maintain public order and national security. Moreover, Provisions like: 

• Article 355 (duty of the Union to protect states against external aggression and internal disturbance) and 

• Article 245 (power of the Union to give directions to states) gives the framework for military intervention in extraordinary circumstances.

• Furthermore, the deployment of the military for internal security in India is usually categorised under “Aid to Civil Authorities.”  
  • This includes the military assisting civilian authorities in restoring order, but the civilian administration remains in charge.

• Moreover, here are two examples where the Indian military has been deployed for internal security:
  • Operation Rhino in Assam
  • Punjab Insurgency

Thus, it is important to remember that the legality and extent of military involvement in such situations are subject to Judicial Review.

Related Blogs

What is Adjournment Motion?	Meaning of Zero Hour
What is the Doctrine of Colourable Legislation?	What is a Writ of Prohibition?
What is the Difference between Fundamental Rights and Directive Principles?	What is the Difference between Fundamental Duties and Directive Principles?
What is Universal Adult Franchise?	What is the Difference Between Fundamental Rights and Fundamental Duties?

Lastly, we hope you liked our blog and gained an understanding of What is Martial Law. Moreover, you may even read more blogs and empower yourself with knowledge regarding Civics and Polity!