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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Introduction In the realm of legal matters within the Indian Army, statutory complaints play a significant role in ensuring justice and maintaining discipline. When it comes to addressing such complaints, the weight of evidence becomes crucial in establishing the truth. In this article, we delve into the concept of circumstantial evidence in statutory complaints within...
Read MoreJudicial Approach in Granting Pensionary Benefits to Army Personnel Dismissed Under the Army Act The outdated notion of pension as a discretionary payment dependent on the goodwill of the employer, not enforceable as a right, has been challenged and overruled by the Constitution Bench in Deo Kinandan Prasad v. State of Bihar, 1971 Supp SCR...
Read MoreIntroduction General Court Martial (GCM) In a profound and momentous pronouncement, the Supreme Court, in the case of Union of India & Ors. Vs. P.S. Gill, Criminal Appeal No. 404 of 2013, rendered on November 27, 2019, unequivocally established that an order convening a General Court Martial (GCM) can be contested before an Armed Forces...
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