Explained: What is the difference between martial law and emergency? Know everything about it

New Delhi: It is important to understand what is the difference between martial law and national emergency in India. In fact, most people consider both to be the same. Clear this confusion today. What is martial law? What does it mean? What is national emergency? When is it applied? You are giving detailed answers to every question that arises in your mind. Also understand the main differences between martial law and emergency.

What is martial law?

Martial law in India is not governed by any specific law but by the Constitution. During martial law, Article 34 of the Constitution limits certain rights of citizens. It is written in the Constitution itself that some rights may be reduced during martial law. Article 34 states that necessary steps can be taken to ensure that the work of the army is not disrupted. During this period, some rights of the people may be restricted.

Know the meaning of martial law

Military rule is different from general administration. It is a set of rules controlled by the military. In case of emergency or crisis, military rule can be imposed to take control of the situation. When the civilian government is unable to do its job properly, then limited orders issued by the army in the affected area are called military rule. Legal penalties for imposing military rule may vary by region. But generally, basic social rights are frozen. And military rule or similar laws are imposed on the general public. Military rule is different from general administration because it is controlled by the military, not the elected government.

martial law rules

• The Governor or the President can impose martial law.
• This happens only when there is a big crisis.
• In this the army takes control of the affected area.
• The local administration has no control.
• The army chief takes responsibility for the well-being of the local people.
• Restrictions are imposed on the freedom of common people.
• After martial law is imposed, regional legislative authorities have no control.
• This will impose restrictions on the basic liberties of the general public.
• During this time the army looks after the administrative work.

When is martial law imposed?

Martial law is a last resort. It is imposed when peace and order are deteriorating. It has bad effects on the country and people. For example, in 1892 the Governor of Idaho imposed martial law. Miners had blown up a mill. The four-storey building was burnt to ashes. Many people were killed. Martial law may be imposed to prevent riots, disturbances or rebellion. This may happen even after the war. When the army of one country occupies another country. Typically, the President or any major civilian leader can impose martial law. The law or constitution explains when and how it can be imposed. It is also told how long it can last.

For example, the President can impose martial law for 60 days. This happens when there is huge public unrest. If the country has signed any international agreements, international laws may also apply to martial law. These laws may limit the use and duration of martial law. The decision to impose martial law is taken very thoughtfully. This can have serious consequences. It can reduce people’s freedom. The army gets a lot of rights. Therefore, it should be used with great care. During martial law, the army performs the functions of police. She maintains law and order. Sometimes curfew is also imposed. People are not allowed to go out of the house.

martial law a temporary measure

It is important to note that martial law is a temporary measure. It cannot be applied forever. Its objective is to restore peace and order. Once the situation returns to normal, martial law is lifted. And normal law and order is restored. The 60 day limit is a safety measure. This ensures that martial law is not misused. This is why international laws also exist. So that martial law does not remain in any country for long.

What is national emergency?

In India, the President can declare emergency under special circumstances. This may apply to the entire country or a particular region. During this time, some fundamental rights of the people may be limited. The 42nd constitutional amendment took place in 1976. After this amendment, the President can also impose emergency in any particular area. Emergency is dealt with in Articles 352 to 360 of Part XVIII of the Constitution. During an emergency, certain fundamental rights can be temporarily removed on the advice of the President’s Cabinet. This system is to maintain the security and stability of the country. Part XVIII of the Constitution explains in detail all the rules and procedures related to emergency. In this, national emergency, state emergency and financial emergency have been mentioned. It has been ensured that the emergency is not misused.

When is national emergency declared?

• The President of India can declare national emergency in case of war, external aggression or armed rebellion (Article 352). This information is given in the Constitution.
• The President has the right to declare an emergency even without any outright war, attack or armed rebellion, if he/she feels that such a situation may arise.
• This provision was added under the 38th Constitutional Amendment Act, 1975. When emergency occurs due to war or external attack, it is called external emergency. When emergency occurs due to internal unrest, it is called internal emergency.
• National emergency can be imposed in the entire country or in any part of the country. Under the 42nd Constitutional Amendment Act, 1976, the President can also limit the scope of emergency.
• Earlier the reason for internal emergency was given as ‘internal disturbance’. But it was very vague. Therefore, in the 44th Constitution Amendment Act, 1978, the term ‘armed rebellion’ was used instead of ‘internal disturbance’.
• According to the 44th Constitutional Amendment Act, 1978, the President can declare emergency only after the written recommendation of the Cabinet. This means that mere recommendation of the Prime Minister is not enough for emergency, the approval of the entire cabinet is necessary.

Parliamentary approval and duration for emergency legislation

• The declaration of emergency must be approved by both the houses of the Parliament within a month.
• If the emergency declaration is made during the recess of the Lok Sabha and more than a month elapses without approval, its duration is 30 days after the re-opening of the Rajya Sabha.
• It is for three months for each House of Parliament and can be extended indefinitely for any six-month period approved by Parliament.
• Section 607 of the 44th Amendment Act of 1978 established such a requirement for periodic legislative approval.
• Every resolution before a decision on the declaration of emergency or its extension shall be passed by a special majority, such as a majority of all the members in one House of Parliament and a majority of at least two-thirds of the active participants in that particular session.
• The new ‘extraordinary majority’ clause was added by the 44th Amendment Act of 1978.