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• Martial law is a system where military authorities take control of administration, replacing civilian government and suspending ordinary laws and judicial processes to restore order.
• It is usually imposed during emergencies such as war, invasion, rebellion, or large-scale civil unrest when normal governance mechanisms fail to function effectively.
• Under martial law, civil liberties like freedom of speech, movement, and assembly may be restricted, and strict measures like curfews and military enforcement are introduced.
• Military courts or tribunals may replace civilian courts, allowing armed forces to try civilians and enforce laws based on military authority rather than civil law.
• In India, martial law is not explicitly defined in the Constitution but is implicitly recognized under Article 34, allowing restrictions on Fundamental Rights in affected areas.
• Parliament has the power to indemnify officials and validate actions taken during martial law, ensuring legal protection for acts done to restore order.
• Martial law is different from a national emergency, as it is imposed in specific areas and directly suspends normal law, whereas emergency provisions have constitutional procedures.
• It is considered an extreme measure and is generally temporary, used only until stability is restored and civilian administration can resume normal functioning.