Martial Law

Martial law is the suspension of civilian legal procedures in favor of military authority and the replacement of civilian administration with military rule. Normal civil freedoms may be suspended while martial law is in effect, either for a predetermined period of time or indefinitely. Martial law is typically imposed during times of conflict and/or natural disasters and civil unrest. In the event of a military coup, martial law may be imposed as an alternative.

In this article, you will learn about everything related to martial law, its meaning, and the history of martial law in the US and India.

The imposition of martial law involves the military taking over the civil administration, giving them unrestricted authority to remove the customary legal safeguards for civilian liberties. Martial law can be established during a coup or declared in response to an emergency.

A declaration of Emergency Laws is more common than a declaration of martial law during a calamity or civil disturbance since it is more easily revoked. A declaration of emergency permits the government to temporarily extend its powers in order to address a crisis, suspending certain civil liberties but retaining military authority.

Also Check: Emergency Laws in India

Martial Law Definition

Martial law is the temporary imposition of direct military control over normal civilian functions of government, especially in response to a temporary emergency such as invasion or major disaster, or in an occupied territory.

Martial law being declared, and rightfully so, is an uncommon and historic move by a civilian government. Declaring martial law gives the military complete authority over all or part of the government’s functions. Civil freedoms, including the freedom of speech, the ability to travel freely, and the prohibition against unjustified searches, may be suspended when martial law is proclaimed. A military justice system, like a military tribunal, takes the place of the legal system that normally deals with criminal and civil law concerns.

People who are considered law-abiding citizens may be arrested for breaking curfews or for small violations that ordinarily wouldn’t be grounds for jail. It is also possible to suspend habeas corpus laws, which prohibit unjustified detention and give the military the power to hold people without charge or trial for an indefinite period of time.

Declaring martial law is a last resort only used in cases where peace and order are fast declining, due to the detrimental effects it can have on a nation and its population. For example, in 1892, a gang of rebellious mine workers detonated a mill, leveling a four-story structure and killing many people. As a result, the governor of Idaho declared martial law. To put an end to demonstrations, civil disturbances, coups d’états, or insurrections, martial rule may be proclaimed. It can also be declared after a war, for example, when a nation’s military takes foreign land.

Usually, the president of a country or another important civilian leader has the authority to impose martial law. Legislation or a nation’s constitution determines the conditions under which it can be declared as well as other restrictions, such as how long it can last. For example, during extreme civil unrest, a president may be able to impose martial law, but only for a maximum of sixty days. If a nation signs a multilateral treaty, international rules may also restrict the extent and duration of martial law.

Also Check: legal studies

In American history, periods when a military force ruled over a territory, state, city, or the entire country are referred to as periods of martial law. Since both the US President and the US Congress have the authority to command the militia, they can both establish martial law nationally, although with specific restrictions. The governor of each state has the authority to declare martial law inside its boundaries.

In the United States, martial law has been applied in very few situations, like:

• In New Orleans during the Battle of New Orleans; following significant tragedies like the Great Chicago Fire of 1871.
• The 1906 San Francisco earthquake, or during riots like the 1919 Omaha race riot.
• The 1920 Lexington riots.
• Local leaders have imposed martial law in places like Nauvoo, Illinois, during the Illinois Mormon War, or Utah during the Utah War, to protect themselves from mob violence; or in response to the chaos brought on by protests and rioting in Hawaii following the Japanese attack on Pearl Harbor.
• In 1934 West Coast waterfront strike, and during the Civil Rights Movement in reaction to the Cambridge riot of 1963.

In the US, the idea of martial law is intimately related to the right of habeas corpus, which is essentially the right to a hearing on lawful restriction or, in a broader sense, the judiciary’s supervision of law enforcement. The declaration of martial law has an impact on the authority to suspend habeas corpus. The U.S. Constitution’s Article 1, Section 9 declares: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless the public safety may require it in cases of rebellion or invasion.”

Although the military has frequently been used inside US borders—during the Whiskey Rebellion, for example, and in the South during the Civil Rights Movement—these actions do not equate to the imposition of martial law. Martial law is restricted under US law by a number of court rulings rendered between the American Civil War and World War II. The Posse Comitatus Act, approved by Congress in 1878, prohibits U.S. military participation in domestic law enforcement without congressional approval under certain conditions.

The Indian constitution does not contain any implicit reference to martial law, with the exception of Article 34, which grants Parliament the authority to compensate individuals for actions taken in areas under martial control and to validate such acts. However, there is no indication of any authority to impose martial law in the Constitution itself.

Under the British Raj, martial law was essentially imposed through the Defense of India Acts of 1915 and 1939. In 1919, it was also proclaimed across the majority of Punjab in reaction to the tensions sparked by the Amritsar Massacre. The contentious Rowlatt Act was the root of these disputes.

Also Check: Political Science

Declaring martial law is giving the armed forces complete temporary authority over the state or country in the event of a natural disaster, conflict, or uprising. During this period, military authority supersedes civilian rule, and any law may be invoked or revoked at the discretion of the military commander. In essence, it is the imposition of military rule over ordinary civic operations in the event of a government emergency, such as a coup, war, or insurrection.

• The Indian constitution doesn’t define martial law in any particular way. This drastic action is only appropriate during periods of civic instability.
• The fact that Article 34 permits the imposition of martial law anywhere on Indian territory is only referenced once.
• The executive branch’s authority to establish martial law is not mentioned or specified in the Constitution.
• Article 34 also has a section that permits Parliament to compensate a government worker or anybody else who helps restore or uphold peace and order in an area where martial law has been established.

1. Restriction of Freedoms: Under military rule, civil liberties like speech, assembly, and press are often limited.
2. Debate on Security vs. Rights: This restriction leads to debates on balancing national security with civil rights.
3. Habeas Corpus Suspension: There’s often a suspension of habeas corpus, resulting in detentions without legal recourse and potential human rights issues.
4. Judiciary’s Role: The judiciary acts as a safeguard, ensuring military rule actions comply with legal standards.
5. International Law’s Importance: Upholding human rights during military rule is reinforced by international law.
6. Transition to Civilian Rule: The shift back to civilian governance involves reassessing and restoring civil liberties.

1. Martial Law History:

• Historical instances of martial law, such as during the American Civil War and World War II, provide context for its use and implications.

2. Martial Law in the US:

• Notable examples include the use of martial law following natural disasters like Hurricane Katrina, or during periods of civil unrest.

3. Martial Law Facts:

• Under martial law, civil liberties, such as the right to free movement, free speech, and protection from unreasonable searches, may be suspended.
• The legal system under martial law may involve military tribunals instead of the usual criminal courts.

4. Military Law Overview:

• Different from martial law, military law refers to the legal system that governs the conduct of armed forces and members of the military.

5. Martial Law Emergency Powers:

• The scope of emergency powers under martial law can include the authority to detain individuals without charge, control of the media, and the dispensing of justice.

6. Martial Law Legal Aspects:

• Legal Aspects of Martial Law involve the balance between security and individual rights, the role of the judiciary during martial law, and international law perspectives.

Also Check:

• Emergency Provisions – UPSC Notes
• Emergency in India
• Financial Emergency and its Consequences
• Amendments Passed During Emergency (1975–77)
• Disaster Management in India
• Emergency Management

Understanding martial law in both a legal and historical context is crucial for comprehending the delicate balance between national security and individual freedoms. Historically, instances of martial law, from the American Civil War to more recent applications in the US and other nations, highlight its significant impact on societies and governance. Legally, martial law raises critical questions about the extent of emergency powers, the suspension of civil liberties, and the role of military tribunals versus civilian courts. This knowledge is not only vital for legal scholars and history enthusiasts but also for citizens who seek to understand the implications of such extraordinary measures on their rights and freedoms. As we delve into the depths of martial law’s history and legalities, we gain a clearer picture of its role in shaping the legal landscape during times of crisis and the importance of safeguarding democratic principles even under extraordinary circumstances.

1. What is Martial Law?

When a military force seizes control of a civilian administration, it is known as martial law. In an Emergency Laws, martial law may occasionally be declared. Martial law may be imposed by governments to put an end to hostilities or war.

2. What is Martial Law vs Marshall Law?

When a government declares martial law, it means that it will use military action to maintain law and order during a crisis. Marital law, on the other hand, relates to legislation related to marriage. There is no such thing as Marshall law. A marshal, however, may assist in enforcing the law or managing those who have disobeyed it.

3. What is Martial Law in India?

Declaring martial law during a crisis or in reaction to an Emergency Laws is one way to keep things under control. When the civil government is judged incapable of functioning during a crisis, military authorities in a specific area may declare martial rule, which is a brief set of restrictions.

4. Who Declares Martial Law?

Under Article 34 of the Indian Constitution, the government may declare martial law in any part of the country. However, there is no indication of any authority to impose martial law in the Constitution itself.

5. Who Apply Martial Law in India?

Under Article 34 of the Indian Constitution, the government may declare martial law in any part of the country. There is no explicit mention of or definition of martial law in the Indian constitution. Furthermore, no such provision granting any executive the authority to declare martial law exists.