Actual Article
Article 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.
UPSC Notes for Article 34
- Purpose: Article 34 provides for the restriction of Fundamental Rights in areas where martial law is declared and indemnifies actions taken under such circumstances.
- Martial Law: It is the imposition of military control over normal civilian functions or suspension of civil law by a government, often during times of emergency, war, or civil unrest.
- Parliament’s Power: This article empowers Parliament to make laws that can indemnify persons for acts done in connection with maintaining or restoring order during martial law.
- Indemnity Clause: The indemnity provided by Article 34 ensures that actions taken by military personnel or other authorities during martial law cannot be challenged later, thereby protecting them from legal proceedings for their actions taken in the interest of restoring order.
Important Cases Related to Article 34
- A.K. Gopalan v. State of Madras (1950): Although not directly about Article 34, this case highlighted the extent of state power during emergencies and the balance between individual rights and state security.
- Kesavananda Bharati v. State of Kerala (1973): This landmark case established the doctrine of the basic structure, which indirectly impacts the interpretation of emergency provisions and fundamental rights, including scenarios where Article 34 might be invoked.
Important Reports Related to Article 34
- National Security Commission Reports: Various reports have discussed the implications of martial law and the necessary balance between state security and civil liberties. They emphasize the importance of legislative oversight and judicial review in scenarios involving martial law.
Additional Insights
- Historical Context: The inclusion of Article 34 reflects the framers’ foresight in addressing situations where normal legal processes might be insufficient to maintain order. Historical instances of martial law in other countries influenced its incorporation to manage extreme situations effectively.
- Constitutional Safeguards: While Article 34 provides for indemnity under martial law, it does not imply an unchecked power. The requirement for parliamentary legislation acts as a safeguard against misuse, ensuring that such measures are subject to democratic oversight.
- Comparative Perspective: Similar provisions exist in other democratic constitutions, emphasizing the balance between emergency powers and civil liberties. For instance, the U.S. Constitution allows for the suspension of habeas corpus under certain conditions, reflecting a comparable need for balance during crises.
Previous Year Prelims Questions Related to Article 34
- UPSC Prelims 2016: Which of the following statements regarding Article 34 is correct?
- (a) It allows for the suspension of all Fundamental Rights during martial law.
- (b) It provides for the indemnity of actions taken under martial law.
- (c) It grants the President the power to impose martial law.
- (d) It is applicable only during a national emergency. Answer: (b) It provides for the indemnity of actions taken under martial law.
- UPSC Prelims 2019: Under Article 34, who is empowered to indemnify actions taken during martial law?
- (a) The President
- (b) The Prime Minister
- (c) The Parliament
- (d) The Supreme Court Answer: (c) The Parliament
Previous Year Mains Questions Related to Article 34
- UPSC Mains 2017: Discuss the significance of Article 34 in the context of maintaining law and order during extreme situations like martial law. How does it balance state security and individual rights? (15 marks)
- UPSC Mains 2019: Analyze the constitutional safeguards associated with the implementation of martial law under Article 34. How does parliamentary oversight ensure the protection of civil liberties during such periods? (10 marks)
By thoroughly understanding Article 34, including its provisions, historical context, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can gain a comprehensive understanding of how the Constitution balances the need for emergency powers with the protection of Fundamental Rights, ensuring both state security and civil liberties are maintained during times of crisis.