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...
Read MoreSECURITY 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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Introduction The Armed Forces Tribunal is a military tribunal in India that was established on August 8th, 2009. It is a statutory body created under the Armed Forces Tribunal Act of 2007, and it is controlled by the Ministry of Defense. The AFT is responsible for resolving military-related disputes, including service matters and appeals from...
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Introduction In India, the military operates under a strict legal framework to maintain discipline and uphold the values of the armed forces. One crucial aspect of military justice is the court martial, a legal proceeding conducted within the military to address serious offenses committed by its personnel. This article aims to provide a comprehensive overview...
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In the realm of justice and military affairs, the Armed Forces Tribunal stands as a formidable entity, ensuring the balance between discipline and fairness. Let’s delve into the intricacies of this vital institution, shedding light on its significance and functioning. Understanding the Armed Forces Tribunal The Armed Forces Tribunal, a cornerstone of military justice, plays...
Read MoreThe Supreme Court overturned its ruling in Union of India and Others v. Major General Shri Kant Sharma and Others, which said the Armed Forces Tribunal’s orders could not be challenged under Article 226 of India’s Constitution. Section 30 of the Armed Forces Tribunal Act 2007 Whether the right of appeal under Section 30 of...
Read MoreIntroduction: Disability pension is an essential aspect of the Indian Army’s commitment to ensuring the welfare and support of its personnel who have suffered disabilities during their service. It is crucial to understand the legal framework and case laws surrounding disability pensions to ensure that deserving individuals receive adequate compensation and support. This article aims...
Read MoreIn the Indian Army, complaints can be categorized into two main types: statutory complaints and non-statutory complaints. Both types of complaints serve different purposes and follow distinct procedures. Let’s explore each category in detail: The procedure for filing a statutory complaint usually involves the following steps: a. The complainant, who is generally an army personnel,...
Read MoreCourt-martial proceedings in the Indian Armed Forces are governed by the Army Act, 1950; the Navy Act, 1957; and the Air Force Act, 1950. These acts provide a framework for the administration of military justice and the conduct of court-martial proceedings. Introduction to Court Martial Court-martial proceedings are conducted to maintain discipline, uphold military law,...
Read MoreIntroduction: Constitutional Rights and Duties: The Indian Armed Forces The armed forces of India serve as the guardians of national security, protecting the country from external threats and internal disturbances. In the pursuit of their duty, they must navigate the complex terrain of constitutional rights. This blog further delves into the constitutional rights of armed...
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