South Korea declared “emergency martial law” during a televised briefing.
Reasons for Declaration of Martial Law in South Korea
- Accusations Against Opposition
- Anti-State Activities: The opposition has been accused of engaging in activities that threaten the democratic order of the nation.
- Government’s Pledge
- Eradication of Pro-North Korean Forces: Commitment to eliminating forces perceived as sympathetic to North Korea.
- Protection of Democracy: Vow to safeguard South Korea’s constitutional democratic order.
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About Martial Law
- It is defined as the state of emergency declared by the government.
- Its main aim is to address unexpected threats and crises within the country.
- Martial law replaces civilian government with military authority.
- The military gains unlimited powers to suspend civilian rights and legal protections.
- Declared during crises like emergencies, disasters, or coups.
Types of Martial Law Around the World
- Full Martial Law
- The military takes complete control, suspends civil authorities, and overrides constitutional rights.
- Example: In the Philippines (1972–1981), under Ferdinand Marcos, habeas corpus was suspended.
- Partial or Regional Martial Law
- Declared in specific regions to address local conflicts or threats, while the rest of the country remains under normal governance.
- Example: In Bangkok (2014), martial law was limited to certain areas during political unrest.
- Emergency Martial Law with Civil Oversight
- Military powers operate under civilian authority or within a limited legal framework.
- Example: South Korea briefly declared martial law, but the National Assembly retained the right to revoke it.
- Temporary Martial Law
- Imposed for a short duration during acute emergencies like natural disasters or terrorist attacks.
- Example: In the US, martial law was declared during the 1941 Pearl Harbor attack.
- India’s Emergency period (1975) could be seen as a similar form of temporary martial law.
- Provisional Martial Law
- Declared during a transitional period, often after a regime change or conflict.
- Example: In post-Saddam Iraq (2004), martial law was enacted during the US-led occupation for stabilization.
Countries currently under martial law
- Ukraine: Martial law was imposed in 2022 (feb) after the Russian invasion.
- Extensions: The measure has been extended ten times, which has delayed both the 2023 legislative and 2024 presidential elections because elections cannot be held during martial law.
- Myanmar: This country is under martial law in various regions after the military coup on February 1, 2021.
- Extended Martial Law: After 2023, martial law was extended to 50 townships, including major cities like Yangon and Mandalay.
- Ecuador: Martial law was declared in January 2024.
- Duration: This martial measure was for 60-day to counter escalating gang violence, deploying the military to stabilise the country.
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Martial Law in the Indian Constitution
Article 34: Overview
- Scope: Article 34 deals with martial law and its impact on rights granted by Part III of the Constitution.
- Parliament’s Authority: Allows Parliament to indemnify individuals for actions taken to maintain or restore order during martial law.
- Validation: Parliament can validate sentences, punishments, forfeitures, or other acts carried out under martial law.
Conditions for Indemnity
- Purpose: Actions must be related to maintaining or restoring order.
- Area: Martial law must be in effect in the area where the actions took place.
Historical Events of Martial Law in India
British Colonial Period
- Amritsar Massacre (1919):
- Martial law was declared to suppress unrest in the aftermath of the Jallianwala Bagh massacre.
- It allowed unrestricted use of military force, leading to severe oppression.
- Defence of India Acts (1915 & 1939):
- These acts empowered the colonial government to declare martial law during World War I and II.
- Used to control dissent and maintain order
|
Key Features of Martial Law
- Impact on Fundamental Rights: Primarily affects the exercise of fundamental rights.
- Suspension of Government Functions: Normal government functions and ordinary courts are suspended.
- Limited Application: Applies only to specific areas of the country where martial law is declared.
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Differences Between Martial Law and National Emergency in India
| Feature |
Martial Law |
National Emergency |
Armed Forces (Special Powers) Act (AFSPA) |
| Legal Basis |
Implied powers, not explicitly mentioned in the Constitution |
Article 352 of the Constitution |
- It is not explicitly mentioned in the Indian Constitution.
- Enacted by parliament to maintain law and order by military in areas deemed as “disturbed” due to internal conflict, insurgency, or violent unrest.
|
| Scope |
Limited to specific areas facing law and order breakdown |
Can be imposed nationwide or in specific regions |
It grants power to the armed forces in disturbed areas, including the power to:
- Search and arrest without a warrant.
- Use force, including the right to kill, in situations where a person is believed to be committing a crime or resisting arrest.
- Destroy property if it’s believed to be used for sheltering insurgents.
- Detain individuals without charge for a specified period.
|
| Duration |
Temporary, until the situation is under control |
usually in effect for six months, but can be extended indefinitely with parliamentary approval every six months. |
not have a fixed duration. Can be enforced as long as the government continues to declare a region as “disturbed”. |
| Impact on Fundamental Rights |
Suspends fundamental rights in the affected area |
Can suspend some or all fundamental rights depending on the type of emergency |
Limits fundamental rights specially
- Article 21 (Right to Life and Personal Liberty).
- Article 22 (Protection against Arrest and Detention).
|
| Authority |
Military authorities |
Central government |
Governors of a state or UTs can declare an area as “disturbed” under section 3 of AFSPA. |
| Judicial Review |
Limited or suspended |
Can be challenged in courts, though limitations may apply |
Limited, this law gives military protection from legal action for their action under the law. |
December 5, 2024
