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august 1982

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.

LT. COL. PRITHI PAL SINGH BEDI ETC. vs UNION OF INDIA & OTHERS · Niyam