Military Justice And Due Process Of Law: A Critical Analysis Of The Indian Court Martial System Under International Fair Trial Standards
- IJLLR Journal
- 1 hour ago
- 2 min read
Sooraj Suresh Kumar, Symbiosis Law School, Pune
ABSTRACT
Military justice systems occupy a very unique position within democracies as they are bound to have coexistence between the gruelling demands of military discipline as well as fundamental principles of fairness, accountability and the rule of law. While institutions under the Army, Air Force & Navy Act of 1950 & 1957 respectively serve legitimate military objectives, over the years concerns have arisen regarding their compatibility with constitutional guarantees and fair trial standards.
This paper aims to critically examine the Indian court martial system through Articles 14, 21 & 33 of the constitution along with Article 14 of the International Covenant on Civil & Political Rights. The study analyses the historical evolution of the statutory framework and the justification provided by the constitution on the necessity to maintain a distinct adjudicatory system for the armed forces. Particular emphasis will be laid upon concerns regarding judicial independence, command influence, procedural safeguards, transparency, access to legal representation and mainly the Summary Court Martial (SCM) proceedings.
Through examinations of judicial precedents in Ranjit Thakur v/s Union of India, Lt. Col. Prithi Pal Singh Bedi v/s Union of India, Union of India v/s Major A. Hussain, Major General Shri Kant Sharma v/s Union of India we see the continuing tension between military discipline and constitutional fairness. We also see a comparative analysis between the systems from the US & UK and how their application regards the Indian military justice system since they demonstrate how military discipline can be preserved even with added procedural safeguards.
The study concludes that certain structural features of the present framework require reform to better align military adjudication with constitutional guarantees and international fair trial standards.
