Supreme Court of India · 1982-08-25
LT. COL. PRITHI PAL SINGH BEDI ETC. vs UNION OF INDIA & OTHERS
- Citation / case number
- SC 1981/63810
- Court
- Supreme Court of India
- Petitioner
- LT. COL. PRITHI PAL SINGH BEDI ETC.
- Respondent
- UNION OF INDIA & OTHERS
- Author
- D.A. DESAI
- Bench
- D.A. DESAI
Judgment text excerpt
The Supreme Court held that Article 33 of the Constitution allows Parliament to restrict or abrogate fundamental rights for armed forces without needing to specify each right. The Court emphasized that the intention of Parliament must be ascertained through literal construction of statutes, and the Army Act provisions must be read in light of Article 33. The Court dismissed the petitions, affirming that the procedure for court martial does not violate Article 21 as it is modified by the Army Act, and Rule 40's composition requirements are valid under this framework.