Army Rule 180 and Article 22 of the Indian Constitution: A Comparative Study Through the Lens of Natural Justice and Equity

Introduction to Army Rule 180 In a country as varied and actively democratic as India, natural justice and equity are the basic building blocks of all legal and procedural aspects. These principles ensure that fairness and accountability are maintained in all judicial and quasi-judicial proceedings. There are many articles and rules incorporating such principles, among...

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Special Plea to the Jurisdiction: A Critical Analysis of Army Rule 51 of the Army Rules, 1954

Introduction to Army Rule 51 The military justice system operates under a unique framework, balancing the dual imperatives of maintaining discipline within the armed forces and upholding the principles of justice. The Army Rules, 1954, framed under the Army Act, 1950, define a systematic procedural framework for the conduct of military trials. It guarantees that...

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Decriminalizing adultery under Section 497 of the Indian Penal Code does not affect court martial proceedings against armed forces personnel for adulterous conduct

Introduction Section 497 The Supreme Court’s Constitution Bench clarified that its 2018 judgment decriminalizing adultery under Section 497 of the Indian Penal Code does not affect court martial proceedings against armed forces personnel for adulterous conduct. The Bench stated that the Joseph Shine vs. Union of India judgment of 2018 did not address the provisions...

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Army Rule 180: Overview and Application in Military Law

Army Rule 180: A Comprehensive Guide to Military Administrative Procedures Army Rule 180 is a pivotal provision within the legal framework of the armed forces, designed to ensure fairness, accountability, and transparency in disciplinary and administrative matters. It outlines procedural safeguards to protect the rights of individuals while maintaining discipline and order within the military....

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Punjab & Haryana High Court Clarifies Rules for Military Disability Pension Eligibility 2024

Introduction In a significant ruling that could impact countless military personnel, the Punjab and Haryana High Court has provided a clearer framework for the eligibility of disability pensions for armed forces members. Disability pension , which serve as a form of financial support for those who suffer injuries or deteriorating health due to military service,...

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The commutation of pension is a game changer for 2024 .

What is the commutation of Pension? Commutation of pension refers to the process where a retired person converts a portion of his periodic future pension disbursements into a lump sum payment.  This facility is aimed to offer immediate financial assistance and help them manage important expenses that may arise post-retirement. The commutation of pension is...

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Entitlement of a War-Disabled Officer on Invalidation ( Battle Casulty)

Contingencies for Grant of War Injury Pension . War Injury Pension is admissible when injury takes place during action under the following contingencies laid down by the Govt of India, Ministry of Defence letter No. 1(2)/97/D(Pen-C) dated 31 January 2001 and 03 February 2011:- Elements of War Injury Pension War Injury Pension comprises two elements,...

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Rights and Grievances: Legal Protections and Challenges for Armed Forces Personnel in India

              LEGAL RIGHTS OF ARMED FORCES PERSONNEL Legal Resources for Grievances The state has given armed forces personnel the right to make complaints to resolve their grievances. They can request under sections 26 and 27 of the Army Act, 1950 and Airforce Act, 1950 and under section 23 of the Navy Act, 1957. Section 26...

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ARMED FORCES SPECIAL POWERS ACT (AFSPA) UNDERSTANDING OF AFSPA

What is AFSPA The President signed the Armed Forces (Special Powers) Bill into law on September 11, 1958, after it was approved by both Houses of Parliament. As THE ARMED FORCES (SPECIAL POWERS) ACT, 1958 (28 of 1958), it was entered into the Statute Book. It came into effect after amending certain acts i.e WHY...

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SECURITY FORCE COURT MARTIAL COURT MARTIAL IN BSF

SECURITY FORCE COURT MARTIAL Introduction The security force court is the martial court deal with the matter relating to the offences committed by the members of the armed forces and decide the offence and the extent of punishment awarded to the offender. Mentioned under chapter VI, section 64 – section 81 and procedure under section...

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