The expression ‘martial law’ has not been defined anywhere in the Constitution. There is also no specific or express provision in the constitution that authorises the executive to declare martial law. However, it is implicit in Article 34 under which martial law can be declared in any area within the territory of India.
This provision in Article 34 empowers the Parliament to indemnify any government servant or any other person for any act done by him in connection with the maintenance or restoration of order in any area where martial law was in force.
Further Reading:
- Fundamental Rights – Articles 12-35
- Armed Forces Special Powers Act (AFSPA)
- Functions of the Parliament
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