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april 2002

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.

Union Of India & Ors vs L.D. Balam Singh · Niyam