Court-Martial under the Army Act

A court-martial is a military court that tries offences committed by persons subject to military law. Under the Army Act, 1950, it is a statutory tribunal exercising judicial functions within the military justice system, rather than an ordinary criminal court or a departmental disciplinary inquiry.

Statutory nature and jurisdiction

A court-martial derives its authority from the Army Act, 1950, and follows procedures prescribed by the Act and the Army Rules. Its purpose is to administer military justice and maintain discipline through the trial and punishment of offences.

• Its jurisdiction ordinarily depends on the accused being a person subject to the Act, rather than merely on the offence occurring within a military establishment.
• It tries military offences, such as desertion and disobedience, and can also try civil offences made punishable under the Act, subject to statutory restrictions.
• A civil offence means an offence triable by a criminal court; it does not mean a private civil dispute.
• Its punishments may include imprisonment, cashiering or dismissal, subject to the powers of the particular court and other statutory limits.

Types and procedural character

Section 108 recognises four kinds of courts-martial. They differ in constitution, jurisdiction and sentencing powers.

• The four kinds are general court-martial, district court-martial, summary general court-martial and summary court-martial.
• Courts-martial are constituted through military authorities under the Act; their members are military officers rather than members of the ordinary judicial service.
• The proceedings determine criminal responsibility through charges, evidence, findings and, where applicable, sentence; they are not merely assessments of administrative misconduct.
• The Act and Rules provide procedural safeguards and mechanisms for confirmation, revision or challenge, with the applicable mechanism depending on the type of proceeding.

Fundamental rights and constitutional control

Article 33 empowers Parliament to restrict or abrogate fundamental rights in their application to armed forces personnel to ensure proper discharge of duties and maintenance of discipline. It does not automatically extinguish all their fundamental rights.

• Article 136(2) excludes courts and tribunals constituted under laws relating to the armed forces from the Supreme Court's special-leave jurisdiction.
• Article 227(4) excludes such courts and tribunals from High Court superintendence.
• These exclusions do not eliminate constitutional judicial review: High Courts may exercise jurisdiction under Article 226, while the Supreme Court may act under Article 32 where fundamental rights are infringed.