ARMED FORCES AT THE ALTAR OF JUSTICE: Towards an Independent and Impartial Military Justice System: Rethinking the Summary Court-Martial - Softcover

Inhaltsangabe

Towards an Independent and Impartial Military Justice System: Rethinking the Summary Court-Martial Military discipline is indispensable to operational effectiveness, but in a constitutional democracy it must coexist with justice, fairness, and the Rule of Law. Can a system designed to enforce discipline also guarantee due process and protect the rights of those who serve?

This book critically examines the Indian Military Justice System, with particular focus on the Summary Court-Martial (SCM), the most frequently employed disciplinary mechanism within the Indian Army. It analyses the historical evolution of military law, the constitutional implications of Article 33, access to justice, fair trial guarantees, unlawful command influence, judicial independence, and the continuing tension between military necessity and individual rights.

Drawing upon constitutional jurisprudence, international human rights standards, comparative reforms in the United Kingdom and the United States, and the experiences of serving and retired military personnel, the book evaluates whether the existing framework adequately safeguards the rights of the citizen-soldier while preserving discipline within the Armed Forces.

Combining legal scholarship with practical insight, Armed Forces at the Altar of Justice contributes to the growing discourse on military justice reform and will be of value to judges, lawyers, military professionals, policymakers, scholars, and students of constitutional, human rights, and military law.

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