UNION OF INDIA vs L.D.BALAM SINGH

The Supreme Court held that Army personnel retain their constitutional rights under Part III of the Constitution, despite the powers conferred to Parliament by Article 33 to abridge these rights for maintaining discipline. The Court emphasized that the application of Article 33 does not imply that Army personnel are outside the purview of constitutional protections. The judgment reaffirmed that restrictions on fundamental rights must be necessary and not excessive, aligning with the principles established in previous cases such as B. Viswar & Ors. vs. Union of India and Prithi Pal Singh vs. The Union of India.