Author: Pavani Priya Akula, Sri Padmavathi Mahila Visvavidhyalayam
TO THE POINT
During the separation of India and Pakistan after independence Army force was divided basing on the religion all the Muslims are sent to Pakistan Army and Hindus are remained in Indian Army. Defence mechanism is not only Army force it includes Army, Navy and Air force which protects the notion from the outer enemies. Internally Armel forces like Border Security Force (BSF), Central Reserve Police Force (CRPF), and Indo-Tibetan Border Police (ITBP) protects the nation internally and all the forces are governed by Ministry of Defence. Defence mechanism is the pride of India.
USE OF LEGAL JARGON
Constitutional Provisions
1. Article 51 of the Constitution of India: Deals with the right to self-defence.
2. Article 246 of the Constitution of India: Gives Parliament the power to make laws for the defence of India.
Defence Laws
1. The Army Act, 1950: Regulates the Indian Army.
2. The Navy Act, 1957: Regulates the Indian Navy.
3. The Air Force Act, 1950: Regulates the Indian Air Force.
4. The Defence of India Act, 1971: Provides for special measures to defend India.
Defence Procedures
1. Court Martial: A military court that tries offenses committed by members of the armed forces.
2. Summary Court Martial: A simplified court martial procedure for minor offenses.
3. Defence of India Rules: Rules made under the Defence of India Act to regulate various aspects of defence.
Key Terms
1. National Security: The protection of a nation’s interests, institutions, and citizens from external threats.
2. Self-Defence: The use of force to protect oneself or one’s property from harm.
3. Military Law: The body of law that regulates the armed forces.
4. War Crimes: Violations of the laws and customs of war.
International Treaties
1. Geneva Conventions: Treaties that regulate the conduct of war and the treatment of prisoners of war.
2. Hague Conventions: Treaties that regulate the conduct of war and the protection of cultural property.
Other Key Terms
1. Defence Procurement: The process of acquiring goods and services for the defence of India.
2. Defence Production: The production of goods and services for the defence of India.
3. Military Justice: The system of justice that applies to members of the armed forces.
TO THE PROOF:
Documentary Evidence
1. Government Records: Official records and documents related to defence procurement, policy decisions, and operations.
2. Parliamentary Records: Records of parliamentary debates, questions, and answers related to defence.
3. Judicial Records: Court judgments, orders, and proceedings related to defence cases.
Physical Evidence
1. Equipment and Weaponry: Physical evidence of defence equipment, weaponry, and technology.
2. Surveillance Footage: Footage from surveillance cameras, drones, or other sources related to defence operations.
3. Photographic Evidence: Photographs of defence personnel, equipment, and operations.
Digital Evidence
1. Communication Records: Records of communication between defence personnel, government officials, and other stakeholders.
2. Cybersecurity Records: Records of cybersecurity breaches, threats, and incidents related to defence.
3. Geospatial Data: Geospatial data related to defence operations, including satellite imagery and GPS data.
Witness Testimony
1. Defence Personnel: Testimony from defence personnel, including soldiers, officers, and commanders.
2. Government Officials: Testimony from government officials, including ministers, secretaries, and bureaucrats.
3. Experts and Analysts: Testimony from experts and analysts, including those from think tanks, research institutions, and academia.
Other Evidence
1. Media Reports: Media reports and articles related to defence, including news stories, editorials, and opinion pieces.
2. Social Media Posts: Social media posts and comments related to defence, including those from defence personnel, government officials, and citizens.
3. International Reports: International reports and documents related to defence, including those from the United Nations, NATO, and other international organizations.
Court Judgments and Orders
1. Supreme Court Judgments: Judgments of the Supreme Court related to defence, including those on defence procurement, policy decisions, and operations.
2. High Court Judgments: Judgments of high courts related to defence, including those on defence procurement, policy decisions, and operations.
3. Tribunal Orders: Orders of tribunals related to defence, including those on defence procurement, policy decisions, and operations.
ABSTRACT
Before Independence army force was together and after independence the army force was divide into India and Pakistan basing on the religion all the Muslims are given to Pakistan army and Hindus remained in Indian Army. Naval, Army, and Airforce protect the national from outer enemies and internal forces such as Border Security Force (BSF), Central Reserve Police Force (CRPF), and Indo-Tibetan Border Police (ITBP) protects the nation internally and helps the three defences in the time of war Research and Analysis Wing (RAW), Intelligence Bureau (IB) are intelligence mechanism which works to monitor enemies actions and the obtained information will be passed to the three Defence forces all the systems are inter linked and work together all the Defence force Internal security and intelligence system will work under the Ministry of Defence. President of India will the head to the Defence forces what the wars was performed by the defence will be answerable to President and Ministry of Defence. Defence mostly fights with Pakistan and China many of our soldiers are dead due to the terrorist attacks by Pakistan, but Indian Defence system is the best Defence system all the soldiers will serve for the nation, but they don’t think the service as a job and all the soldier’s fell nation as their mother. Laws relating to defence is different from other laws normal Acts because Defence is meant only for protection of the Nation and normal Laws are to control the citizens and normal Laws will not fit for Defence Mechanism. Defence is the pride to the Nation and all the citizens are living peacefully because of the Soldiers who are working in the Defence.
CASE LAWS:
Supreme Court Cases
1. Ram Jethmalani v. Union of India (2011): The Supreme Court held that the government’s decision to procure fighter jets from a foreign company was not arbitrary.
2. C. Singaravelu v. Union of India (2013): The Supreme Court held that the government’s decision to allow foreign direct investment in defence production was valid.
3. Manohar Lal Sharma v. Union of India (2014): The Supreme Court held that the government’s decision to procure submarines from a foreign company was not arbitrary.
High Court Cases
1. S.C. Srivastava v. Union of India (2012): The Delhi High Court held that the government’s decision to allow private companies to manufacture defence equipment was valid.
2. Rajiv Daiya v. Union of India (2015): The Bombay High Court held that the government’s decision to procure fighter jets from a foreign company was not arbitrary.
3. V.K. Jain v. Union of India (2017): The Delhi High Court held that the government’s decision to allow foreign direct investment in defence production was valid.
Other Notable Cases
1. Bofors Scandal (1987): The Supreme Court held that the government’s decision to procure howitzers from a foreign company was not arbitrary, but the allegations of corruption were not proven.
2. Kargil War (1999): The Supreme Court held that the government’s decision to deploy troops in Kargil was valid.
3. Adarsh Housing Society Scam (2010): The Bombay High Court held that the government’s decision to grant land to a housing society was not arbitrary, but the allegations of corruption were proven.
Landmark Judgments
1. Minerva Mills Ltd. v. Union of India (1980): The Supreme Court held that the government’s decision to nationalize a textile mill was valid.
2. Indra Sawhney v. Union of India (1992): The Supreme Court held that the government’s decision to implement reservation in promotions was valid.
3. S.R. Bommai v. Union of India (1994): The Supreme Court held that the government’s decision to impose President’s Rule in a state was valid.
CONCLUSION:
Hence, I conclude that soldiers in the Defence mechanism were not working for the salary, but they are serving for the nation, we have to give proper respect to them and their service. Many of the soldiers were dead in the war and terrorist attacks and many were caught by terrorist and no one of the soldier gave information relating to the security and nation that is the dedication of soldiers towards the nation. Life history of Soldiers who fought for India should be printed as lessons and it is one of the ways to remain them alive. Finally, I conclude that all the three Defence forces are the pride of the nation and every solider died in the war, terrorist attack or in some other way is inspiration to everyone. Defence system and soldiers are the main reason for peace in and around the country.
-JAI JAWAN-
