**Rules in Martial Law**

Martial law refers to the temporary imposition of military control over a region or country, typically during times of crisis or emergency. It is important to note that the specific rules in martial law can vary depending on the circumstances and the country in question. However, some general rules can be outlined to provide an understanding of what martial law entails. Please find below a detailed explanation of these rules:

**1. Suspension of Constitutional Rights:**
Under martial law, certain constitutional rights and civil liberties may be suspended or limited. This can include the restriction of freedom of speech, assembly, and the press. The government may impose censorship on media and communication channels to control information flow.

**2. Curfews and Restricted Movement:**
To maintain order and security, martial law often involves the imposition of curfews. This means that individuals are required to remain indoors during specific hours. Additionally, movement may be restricted, with checkpoints and permits implemented to monitor and control the movement of individuals and vehicles.

**3. Increased Military Presence:**
Martial law is characterized by a significant increase in military presence in the affected area. Military personnel, including soldiers and law enforcement officials, are deployed to maintain law and order and to enforce the rules imposed under martial law.

**4. Expanded Powers of the Military:**
During martial law, the military is granted expanded powers for governance and law enforcement. This may include the authority to make arrests, detain individuals without trial, and establish military tribunals to try cases. Civilian courts may be suspended, and military personnel may be granted the power to enforce laws and maintain order.

**5. Increased Surveillance and Control:**
To ensure compliance with the rules and maintain security, surveillance measures are often heightened under martial law. This can include increased monitoring of communication channels, internet activities, and personal interactions. The government may also implement stricter regulations on public gatherings and protests.

**6. Control of Essential Services:**
In times of crisis, martial law may involve the government taking control of essential services such as transportation, utilities, and healthcare facilities. This is done to ensure the smooth functioning of critical infrastructure and resources.

**7. Limited Legal Recourse:**
Under martial law, the ability to seek legal recourse or challenge government actions may be limited. The military often operates under different legal frameworks, and the rights to due process and fair trial may be curtailed.

It is important to note that the implementation and duration of martial law can vary depending on the situation. While martial law is intended to restore order and security during times of crisis, its impact on individual rights and freedoms should be carefully considered and balanced.

*.Article 33 empowers the Parliament to restrict or abrogate the fundamental rightsof the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces.


*.The objective is to ensure the proper discharge of their duties and the maintenance of discipline among them.


*.The power to make laws under Article 33 is conferred only on Parliament.


*.Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.



*.Various Acts enacted thus, impose restrictions on their freedom of speech, right to form associations, right to be members of trade unions or political associations, right to communicate with the press, right to attend public meetings or demonstrations etc.



*.The expression ‘members of the armed forces’ also covers such employees of the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, tailors who are non-combatants.


*.A parliamentary law enacted under Article 33 can also exclude the court martials (tribunals established under the military law) from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of Fundamental Rights is concerned.


*.Article 34provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India.



*.It empowers the Parliament to indemnify any government servant or any other personfor any act done by him in connection with the maintenance or restoration of order in any area where martial law was in force.


*.The Parliament can also validate any sentence passed,punishment inflicted or other act done under martial law in such area.


*.The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of contravention of anyof the fundamental rights.


*.The concept of martial law has been borrowed in India from the English common law.

*.The expression ‘martial law’ has not been defined anywhere in the Constitution.

*.It means ‘military rule’.


*.Here civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law.


*.It is different from the military law that is applicable to the armed forces.


*.There is also no specific or express provision in the Constitution that authorizes the executive to declare martial law.

*.But, it is implicit in Article 34 under which martial law can be declared in any area within the territory of India.


*.The martial law is imposed under the extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law.


*.Its justification is to repel force by force for maintaining or restoring order in the society. *.During the operation of martial law, the military authorities are vested with abnormal powers to take all necessary steps.


*.They impose restrictions and regulations on the rights of the civilians, can punish the civilians and even condemn them to death.


*.The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus.