Army Rule 180 protects a person subject to the Army Act when a Court of Inquiry affects his character or military reputation. In such a case, the affected person must be given full opportunity to remain present throughout the inquiry, make a statement, give evidence, cross-examine witnesses whose evidence affects his character or military reputation,...
Read More. Introduction — The Quiet Avenue Before the Hammer Falls A Court-Martial is one of the most solemn proceedings known to service law. Once the verdict is pronounced, the accused soldier stands at the edge of two processes: confirmation and execution. Between these lies a narrow yet powerful bridge — the Pre-Confirmation Mercy Petition. Often neglected, misunderstood, or rushed through, this...
Read MoreINTRODUCTION The Army Act, 1950, was enacted to create a unified legal framework for the Indian Armyfollowing independence, replacing the colonial-era Indian Army Act of 1911. Operational fromJuly 22, 1950, it established a distinct body of military law tailored to the needs of a sovereignIndia, covering all ranks from officers to enlisted personnel, including members...
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The legal immunity provided to security forces for their actions in disturbed areas AFSPA Introduction into the halls of residence – Particularly in the context of human rights, national security, and constitutional principles, the idea of legal immunity provided to security forces working in disturbed areas has been a subject of fierce discussion. Under statutes like...
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In the recent case of Association for Democratic Reforms vs Union of India, a five-judge Constitution Bench delved into the core question: Does the Electoral Bond Scheme (EBS), 2018, ensuring anonymity for corporate donors to political parties, contradict the fundamental principle of free and fair elections, a cornerstone of the Constitution? Let’s explore the intricacies...
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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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MILITARY CODE OF CONDUCT In today’s Indian Armed Forces intricate and quickly changing environment, keeping a strong ethical basis is essential for every organization. An effective code of conduct acts as a compass, pointing leaders and staff in the direction of morally and responsibly behaved behavior. The ethical code of conduct is a methodical set...
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INTRODUCTION TO MILITARY LAW The corpus of legislation known as military law is dedicated to upholding order in the armed services. The raising, equipping, and managing of armed forces are all subject to state-mandated codes of rules and regulations that fall under the umbrella of military law. However, the word is often limited to the...
Read MoreA statutory complaint in the Indian Army is a service-law remedy for redress of a grievance; it is not, merely because it is called a “statutory complaint”, a disciplinary complaint or a route for initiating court-martial proceedings. The governing provisions must be understood with reference to the status of the aggrieved person and the nature...
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