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Summary Court-Martial a Colonial Justice System Prevailing in the Indian Army

By Umesh Chandra Jha

Published In

Cr LJ 2003

Introduction The Indian Army is still following the system of military justice it inherited from the British, though the law in the UK has changed to keep pace with the modern practices of justice. The rights of the individuals enshrined in the Indian Constitution are not reflected in the laws that govern the personnel of the armed forces. The Army Act, 1950, especially the provisions relating to summary courts-martial are in essence a continuation of the then prevalent system with all its inherent defects. It denies the accused the minimum degree of decency and fair play that must be guaranteed in any democratic society professing to follow the concept of rule of law and accusational system of jurisprudence. The reforms made in the military justice system of other democracies, which are moving towards granting all the fundamental rights to the members of the armed forces have led to a demand for reviewing the existing military justice system in India &md ....

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