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Article 34 Of Indian Constitution In English
Article 34 – Restriction on rights conferred by this Part while martial law is in force in any area.
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 or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.
Article 34 In English
34 Article – Restrictions on the rights conferred by this part while martial law is in force in any area.
Notwithstanding anything contained in the foregoing provisions of this Part, Parliament may by law enable any person in the service of the Union or a State or any other person to maintain or restore order in any order in respect of any act done by him. can be compensated in respect of The territory within the territory of India where martial law was in force or any punishment has been validated, punished, ordered or other act done under martial law in such territory.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 34 Of Indian Constitution?
In Article 34 you see “Restriction on rights conferred by this Part while martial law is in force in any area” that means 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, more given above.
Article 34 Debate Summary
Two fundamental amendments were introduced to oppose the article. The first wanted the draft article to be removed as it was an open invitation to state officials to indulge in excesses during martial law. The second wanted to remove ‘any person’ from the text by saying that there was no need to extend immunity, provided the article provided for persons who were not officers of the state. Both amendments were opposed.
First, it was explained that a military officer, in order to successfully engage in a position of ‘rebellion or rebellion or overthrow of the state’, required the ability to pass orders and determine procedures for cases where his orders were violated. These powers were barred by Articles 20 and 21, as the military officer was not a law-maker and the procedure he prescribes does not fall under ‘procedures in accordance with law’.
The draft Article, therefore, was indispensable for any officer of the army or state to discharge his duties effectively during martial law. Further, it was clarified that in certain cases, it may transfer upon a citizen who may not be a state authority to act in ways of dealing with the situation of martial law. In these cases, the citizen’s actions should come within the purview of the draft article. At the end of the debate, the assembly adopted Article 34 without any amendment.
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