Article 34 of CoI : Article 34: Restriction on rights conferred by this Part while martial law is in force in any area.

CoI

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Explanation using Example

Example 1:

During a period of civil unrest in a particular state, the government declares martial law to restore order. Under martial law, a military officer orders the arrest of several individuals suspected of inciting violence. After the situation stabilizes and martial law is lifted, some of those arrested claim their fundamental rights were violated and seek legal action against the officer. However, under Article 34 of the Constitution of India, Parliament passes a law indemnifying the officer for actions taken to maintain order during martial law. This means the officer cannot be held legally responsible for those arrests, as they were done in connection with restoring order.

Example 2:

In a border area experiencing severe conflict, the government imposes martial law to control the situation. During this period, a curfew is enforced, and several people are detained for violating the curfew. One individual is sentenced to a short-term imprisonment by a military tribunal for repeatedly breaking the curfew. After martial law is lifted, the individual challenges the sentence, claiming it was unjust. However, Article 34 allows Parliament to validate the sentence passed under martial law, meaning the sentence remains legally binding and cannot be overturned simply because martial law has ended.

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