Supreme Court of India · 2023-01-31
JOSEPH SHINE vs UNION OF INDIA SECRETARY
- Citation / case number
- SC 2020/24369
- Court
- Supreme Court of India
- Petitioner
- JOSEPH SHINE
- Respondent
- UNION OF INDIA SECRETARY
- Author
- HON'BLE MR. JUSTICE K.M. JOSEPH
- Bench
- HON'BLE MR. JUSTICE K.M. JOSEPH, HON'BLE MR. JUSTICE AJAY RASTOGI, HON'BLE MR. JUSTICE ANIRUDDHA BOSE, HON'BLE MR. JUSTICE HRISHIKESH ROY, HON'BLE MR. JUSTICE C.T. RAVIKUMAR
Judgment text excerpt
The Supreme Court addressed a miscellaneous application seeking clarification on the applicability of certain provisions of military service laws to personnel subject to the Army, Navy, and Air Force Acts, in light of the judgment in Joseph Shine v. Union of India (2019). The Court allowed intervention and clarified that acts by armed forces personnel are governed by their respective special legislations, considering discipline and duty requirements. The applicant sought to understand the implications of the Court's decision on the constitutionality of Section 497 IPC concerning armed forces personnel. The Court emphasized the distinct legal framework applicable to military personnel and upheld the independence of their disciplinary laws.