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Martial Law in news (Thanks to Korean President)
Don't confuse Emergency & Martial Law!🤔
Emergency is u/A 352, 360, 365 & President' Rule 356
Martial Law on the contrary is u/A 34
• entire territory or any area, implicit power w/ no specific provision granting authority to executive
• Fundamental Rights CAN be restricted giving extraordinary powers to military authorities
(Habeus Corpus isn't automatically suspended with martial law)
• Emergency can suspend certain constitutional rights while Martial Law implies military administration over civilian affairs in particular area
• Never used in India post-Independence; AFSPA is similar to ML but not direct implementation of A34
Constitutional Limitation:
No explicit framework suggesting use to be under extreme circumstances
Judicial Review:
Power to review actions taken u/ martial law ensuring protection of fundamental rights
Conclusion
Martial Law in India is effect of extreme only where significant civil liberties are broken down.
However, the application is closely tied to legislative & judicial oversight as provided by Constitution and SC judgements
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