This article is written by L M Lakshmi Priya, of Sathyabama Institute of Science and Technology, Chennai of 10th semester, an intern under Legal Vidhya.
When a country’s government suspends or modifies the regular operations of the nation by suspending the Constitution and other government organs, it is said to be in an emergency. The Armed Forces (Emergency Duties) Act of 1947 was created to specify the emergency duties that members of the Indian armed forces are expected to do. As a result, the Indian government will declare that certain state-mandated services are extremely important to the nation.
In this study, we will look into a detailed analysis of the legal provisions of the Armed Forces Emergency Duties Act of 1947.
Keywords: emergency duties of the armed forces, the Army Act 1950, the Air Force Act 1950, and the Navy Act 1957.
Developments in our immediate neighborhood, where rising instability is still a serious concern, continued to have an impact on India’s security situation. The Army, Navy, and Air Force constitute the Indian Armed Forces, which are responsible for protecting India’s borders and sovereignty. While the Navy maintains maritime security and force projection, the Air Force provides aerial defense and support during emergencies or internal threats, and the Army protects borders and supports combat efforts. The nation has traditionally respected and trusted the Indian armed forces because of the professionalism of its officers, men and women. The fundamental organizational and rank structure found in the British armed services is still in place in the Indian army, navy, and air force. The armed forces of India are entirely volunteer organizations that recruit people from all throughout the nation. The president of India has ultimate authority over the armed forces, and so the various Armed Forces act was established to regulate the forces one among them is the 1947-Armed Forces Emergency Duties Act which mainly address emergencies.
Let’s see the detailed analysis of these armed forces namely the Army, Navy, and Air Forces with their respective acts.
SCOPE AND APPLICABILITY OF THE ACT
It requires the Armed Forces to carry out particular tasks and provide services in the event of an emergency. This act, also known as the Armed Forces (Emergency Duties) Act of 1947, may be referred to as such.
- The Central Government may mandate that anyone covered by the Indian Army Act or the Indian Air Force Act be employed in any project that is essential to the community’s existence during the conflict, according to Defence of India Rule 81(3).
- Since the Defence of India Rules is no longer in effect, it is legal to order military personnel, such as troops or naval officers, to perform essential services exclusively for military purposes. Alternatively, if the community’s safety, the government’s existence, or both are in jeopardy, the government has decided to entrust military administration and control of these critical services to protect the community.
- It is proposed to enact this bill to clear up any confusion and guarantee that the government has the authority necessary to maintain services that are essential to the community. This means that the Central Government may proclaim by a notice that a particular service is a community-essential service and any instructions it issues to military personnel concerning performing that service thereafter will be legally binding.
- One of the Bill’s clauses states that orders of this kind issued by the government between the time the Defence of India Rules expire and this Bill’s enactment will be valid.
The Army, Navy, and Air Force of India are the armed forces that protect the country’s borders and sovereignty. The nation’s sovereignty, internal security, and territorial boundaries are all protected by the combined efforts of the Indian Army, Indian Navy, and Indian Air Force, which make up the Indian Armed Forces. Maintaining the nation’s security and defence is one of the responsibilities of the Indian Army, Navy, and Air Forces, among other things. The Indian government’s Ministry of Defence is responsible for overseeing the Indian Armed Forces. It is the second-biggest military force in the world, with over 1.4 million active soldiers, and it also possesses the largest volunteer army. Additionally, it has the third-biggest defence budget globally. According to the Global Firepower Index survey, its military is the fourth most powerful.
The Indian Armed Forces have participated in several significant military operations, such as the Kargil War, the Siachen conflict, the 1967 Cho La incident, the Portuguese-Indian War, the Sino-Indian War, the Indo-Pakistani Wars of 1947, 1965, and 1971, and others. Every year on December 7, Armed Services Flag Day, India honors its military personnel and armed services.
India’s defence system has developed over centuries, starting with prehistoric societies, adjusting to colonial influences, and then becoming a modern framework after independence.
Ancient Era’s Defence System
India in history was home to numerous kingdoms and empires and had their own armed forces. The arranged military of the Mauryan Empire, commanded by Emperor Ashoka in the third century BCE, included infantry, cavalry, and war elephants. In the fourth and sixth centuries CE, the Gupta Empire also kept a well-trained military.
- Kingdoms – The Mauryas, Guptas, Mughals, and Rajputs were only a few of the strong kingdoms and empires that ruled over ancient India and possessed well-organized armed forces.
- Formations of Military – These ancient troops, which included infantry, cavalry, and even war elephants, were essential to invasions and warfare strategies.
- Innovative Forces – The military tactics of ancient India were not limited to conventional methods; they also had creative military plans that demonstrated sophisticated metallurgy and siege equipment.
Medieval Period’s Defence System
India saw several dynasties with their own armed forces during the Middle Ages. A central authority was developed by the military structure of the Delhi Sultanate under a series of kings. Armored forces, mounted troops, and infantry were all part of the Mughal Empire’s powerful military. Around this time, Rajput kingdoms emerged, bringing with them unique fighting customs and defensive mechanisms.
- Feudal Method – India’s defense system during the Middle Ages had a feudal structure, with kingdoms, sultanates, and empires operating autonomously and keeping their forces maintained.
- Establishments of Forts – Many forts and citadels, including Rajasthan’s Chittorgarh Fort, were built to stave off invasions and improve India’s defenses during the Middle Ages.
- Gunpowder – The Indian defense system was impacted by the introduction of gunpowder during the Middle Ages. Fortifications and artillery were developed as a result of the military’s use of this new technology.
Colonial Era’s Defence System
India’s defence was greatly affected by the entries of European powers in the fifteenth century, particularly the Portuguese, Dutch, French, and British. In order to further its territorial and financial goals, the British East India Company formed a disciplined army. Following the Indian Rebellion of 1857, India was seized by the British Crown, which resulted in the establishment of the British Indian Army.
- East India Company – Local kings who maintained armies gave place to a centralized force under British supervision with the establishment of the East India Company and its growing dominance.
- Sepoy Mutiny – The Sepoy Mutiny, also known as the Indian Rebellion of 1857, was a historic moment that tested British rule and had an impact on future defence plans and the distribution of colonial power.
- Impact on Indian Rulers – Many princely kingdoms were influenced by colonial powers and reorganized their armed forces and security structures under British control.
Modern Era’s Defence System
India reorganized its defence system in 1947 after obtaining independence. Pakistan was formed after India was divided, and both countries inherited a split armed force. India formed the Indian Army, Indian Navy, and Indian Air Force to make up the Indian Armed Forces. This was the beginning of an all-encompassing, self-governing defense system.
The Indian Army is among the biggest in the world, with a vast infantry, artillery, and armored regiment. It is principally in charge of protecting India’s borders and conducting land-based military operations. In addition, it supports government agencies in managing proxy conflicts and internal threats while offering assistance to civil authorities upon request. The land-based branch, the Indian Army, is responsible for a wide range of duties, including:
- Defence – Its main duties are to protect the nation’s borders, maintain territorial integrity, and deter foreign invasion. The Line of Actual Control (LAC) with China and the Line of Control (LoC) with Pakistan are two of India’s borders where the army is set up.
- Managing Disaster: It contributes significantly to disaster relief efforts, demonstrating its dedication to providing public help by assisting people in the event of natural disasters like floods, earthquakes, and other catastrophes.
- In general, the army is a branch of the armed forces made up of specially trained individuals who serve their nation in both peace and conflict. The Army Act of 1950 came into effect on July 22, 1950. There are 196 sections and XV chapters in the Army Act.
- Additionally, under the Army Act, there is a summary court-martial clause that allows personnel below the rank of junior commission officer to be tried and punished with up to a year’s imprisonment or dismissal.
- The Army Act of 1950, Section 4, states that the act applies to certain forces under the central government. This clause gives the central government the authority to enforce the act’s requirements, with or without modification, to any force or individuals employed in the armed forces.
- According to Section 12 of the Army Act of 1950, women are not permitted to work in the regular army unless they are working in a department about which the central government is notified by the Official Gazette.
- The central government is authorized by Section 21 of the Act to amend the fundamental rights of the individuals covered by this act.
The Indian Navy, which also upholds maritime security and patrols coastal boundaries, defends the country’s maritime interests. It operates aircraft carriers, submarines, and surface ships. To prevent or neutralize threats or acts of aggression against India’s maritime interests, population, and territory, the Indian Navy employs a multifaceted strategy. In both times of peace and war, it frequently works in cooperation with other armed forces components. The naval division of India’s armed forces is called the Indian Navy. It is the fifth largest navy in the world, with 55,000 men and women, 2,000 Marine Commandos (MARCOS) and 5,000 naval aviation personnel. Currently, the Indian Navy is in charge of around 155 ships, among them the aircraft carrier INS Viraat.
India employs joint exercises, port visits, humanitarian missions, especially disaster relief, and its navy to strengthen its relations with other countries. According to Indian fleet doctrine, this is being done for the benefit of all nations since the Indian Navy is becoming a true blue-water fleet. In order to promote good relations with various other nations, the Indian Navy regularly goes on adventure expeditions. The most notable of these expeditions involved the sailing ship and training vessel INS Tarangini, which explored all the ports belonging to different nations. After visiting 36 ports in 18 nations, the ship returned to India. Building strong political and military ties and bridging national divides are two benefits of this.
- In 1950, the Parliament passed both the Air Force Act and the updated Army Act. It was felt that no attempt should be made to assimilate the revised Navy Act in any other way to the law relating to the Army and the Air Force because the conditions of service at sea differed from those on land and because the Indian Navy (Discipline) Act, 1934, was different from the law relating to the Army and the Air Force in many ways. The revision of the Naval Act proved to be a more difficult task.
- The report of the Pilcher Committee was closely followed in the drafting of the amended Navy Bill. The draft bill was referred to a Select Committee, and following four years of examination by that Committee, it was enacted into law and went into force on January 1, 1958.
- The Indian Navy (Discipline) Act of 1934 and the Navy Act of 1957 introduced significant modifications to the law. The maximum penalties were changed to comply with the judgment that was reached about penalties across the three services.
- The Act contained the principal points of the court’s procedure.
The primary duty of the Indian Air Force is to protect India and its territories through aerial combat preparation and execution. Additionally, the Air Force works in line with other armed forces and government branches to respond to natural disasters and maintain internal security upon request from local or state authorities. It was formally founded on October 8, 1932, as the British Raj’s auxiliary air force. In 1945, the prefix Royal was added in appreciation of its contributions to the war effort. The Royal Indian Air Force served the Dominion of India following India’s 1947 separation from the United Kingdom; the prefix was removed when India became a republic in 1950. In addition to projecting Indian strength throughout South Asia and the Indian Ocean, the Indian Air Force is essential to maintaining the security of Indian airspace. Thus, the Indian government’s primary goal is modernizing and growing the Indian Air Force.
- The Air Force Act became operative on July 22, 1950, and it hasn’t been updated since then. No additional changes have been made to the statute since it was last modified in 1986. This leaves a gap in the Act in the areas where it is deficient in provisions.
- There are no provisions in the act about bail for someone who has been arrested under the act. The Supreme Court has established the guidelines for granting bail; however, these regulations and standards have not yet been extended to military members who are being detained.
- The Air Force Act contains no provisions allowing for resignations.
- The Indian Armed Forces perform vital functions like defending the Constitution and safeguarding the interests of the country by using combat and preventive measures against foreign threats.
- Being ready to protect the country’s security and act quickly in the event of any attacks, internal or external.
- The interconnected doctrines and duties of the Indian Army, Navy, and Air Force are crucial to maintaining India’s security, promoting stability in the area, and supporting international peacekeeping endeavors.
DEFICIENCIES IN ARMED FORCES ACT
The Indian Army Act of 1950, the Navy Act of 1950, and the Air Force Act of 1950 were all met with significant criticism from different directions. The paragraphs that follow discuss a few of the flaws.
- Bail: Currently, the aforementioned three service statutes do not provide for the granting of bail to a military person who has been arrested. The authority supervising his case and his commanding officer are the only people who can effectively help the charged officer.
- Legal aid: The most significant is that the accused does not have the assistance of a qualified legal officer. According to military rules, an accused person may choose to hire a civilian attorney at his own expense or have a military officer known as the defending officer represent him. In actuality, relatively few accused people can afford to hire a civilian attorney, and service officers typically assigned to this type of work lack the necessary skills and are reluctant to make this kind of commitment.
- Double Jeopardy: A second trial on the same offense in a civil court cannot be prevented by the constitutional safeguard against double jeopardy found in Article 20(2), even though it is applicable before a court martial. A person covered under the Air Force Act who has previously appeared before a court martial and been found guilty or not guilty may do so again on the same charge in a civil court.
EMERGENCY DUTIES OF ARMED FORCES UNDER THE 1947 ACT
- According to Section 2(1) of the Armed Forces Emergency Duties Act of 1947, the Central Government may designate any given service as being of utmost significance to the community by publishing a notice in the Official Gazette. The notice will initially be effective for a month and may be renewed periodically by another notice of a similar nature.
- According to Section 2(2) of the act, when a declaration is made under subsection (1), it becomes enforceable against anyone subject to the Army Act 1950, the Air Force Act 1950, or the Navy Act 1957. For the purposes of the aforementioned Acts, any order issued by a superior officer concerning employment on or in connection with the services listed in the declaration should be complied with.
According to Section 3 of the act, any command given by a superior officer to any person mentioned in Section 2 sub-section (2) after September 30, 1946, and before the start of this Act regarding employment on or in connection with any service that the Central Government may, by notification in the Official Gazette, specify on his behalf, shall be deemed to have been a lawful command within the meaning and for the purposes of the Acts referred to in that subsection. That being said, no such person shall be punished solely for failing to obey any such command.
The Armed Forces Emergency Duties Act of 1947 included the three major armed forces acts, all of which were well established. However, because of their shortcomings, improvements were also necessary, and officers of the Air Force, Navy, and Army were required to perform duties that were commendably assigned to them by senior officers. All three services in India should use the same military justice system, which would also serve as a roadmap for citizens engaged in nation-building. The Indian Constitution guarantees military personnel a fair, just, and impartial justice delivery system, which will be bolstered if the government can successfully modernize and humanize military law.
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