Constitution of India · Part III: Fundamental Rights · Right to Constitutional Remedies
Article 34: Restriction on rights conferred by this Part while martial law is in force in any area
In plain words
Parliament can, by law, protect any government servant or other person from liability for acts done to maintain or restore order in an area under martial law, and can validate sentences, punishments, forfeitures or other acts done under martial law there.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 34
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IN RE : SECTION 6A OF THE CITIZENSHIP ACT 1955 versus
Issue arose as regards the constitutional validity of s.6A of the Citizenship Act; does s.6A offend preambular values like fraternity; s.6A, if ultra vires Part II of the Constitution; does s.6A create an unreasonable…
- Sheo Narain Nagar & Ors. v. State of Uttar Pradesh & Ors.
- Justice K S Puttaswamy (Retd.), and Anr. v. Union of India and Ors.
- Anita Kushwaha v. Pushap Sudan
- U.P. Hindi Sahitya Sammelan v. State of U.P.
- E. v. Chinnaiah v. State of Andhra Pradesh and Ors.
- Ashok Kumar Gupta and Anr. v. State of U.P. and Ors.
- Prabhudev Mallikarjunaiah v. Ramachandra Veerappa and Anr.
- State of Sikkim v. Surendra Prasad Sharma and Ors. Etc. Etc.
- Additional District Magistrate, Jabalpur v. S. S. Shukla Etc. Etc.
- His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- I. C. Golak Nath & Ors. v. Sta Te of Punjab & Anrs.
- Basheshar Nath v. The Commissioner of Income-Tax, Delhi & Rajasthan & Another.
- A.K. Gopalan v. The State of Madras.