What Is Constitution Of India Article 34?

Constitution Of India Article 34: Restriction On Rights Conferred By This Part While Martial Law Is In Force

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.
• Validate any sentence passed, punishment inflicted, forfeiture ordered, or other act done under martial law in such area.

Brief Detail

Article 34 allows Parliament to indemnify individuals, including those in the service of the Union or a State, for actions taken to maintain or restore order in areas where martial law is enforced. It also validates legal actions carried out under martial law in those areas.

Question

Q1: What is the purpose of Article 34?

A1: The purpose of Article 34 is to provide legal protection to individuals for actions taken under martial law to maintain or restore order, and to validate legal actions or sentences passed during that period.

Q2: Does Article 34 override fundamental rights?

A2: Yes, Article 34 permits temporary restrictions or overrides on certain fundamental rights during martial law to ensure effective governance and order in such extraordinary circumstances.

Example

Example: If martial law is declared in a region due to severe unrest, and a government official takes actions to restore order, Parliament may pass a law under Article 34 to indemnify that official for those actions.

Summary

Article 34 empowers Parliament to provide indemnity and validate actions taken under martial law in areas where it is enforced. This ensures legal protection for individuals acting to restore order and validates necessary measures taken during such extraordinary situations.