Supreme Court of India · 2002-04-24
Union Of India & Ors vs L.D. Balam Singh
- Citation / case number
- AIRONLINE 2002 SC 153
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- L.D. Balam Singh
- Author
- U.C. Banerjee
- Bench
- U.C. Banerjee
Judgment text excerpt
The Supreme Court held that Army personnel retain their constitutional rights under Part III of the Constitution, despite the powers granted to Parliament under Article 33 to abridge these rights for maintaining discipline. The Court emphasized that being part of the Armed Forces does not strip individuals of their citizenship or constitutional privileges. It clarified that any restrictions must be necessary and not excessive, referencing previous judgments such as B. Viswar & Ors. vs. Union of India and Prithi Pal Singh vs. The Union of India to support its ruling.