Thursday, 4 July 2013
Saturday, 1 June 2013
Summary Court Marital And The Indian Judiciary
Summary Court Marital And The Indian Judiciary
The provisions for summary courts martial were not introduced into the regular army till after the mutiny in the Bengal Army in 1857. The discipline of the regular Indian Army had, for some time before that catastrophe, seriously deteriorate and it was noticed that an irregular troops, especially the Punjab irregular Force, where in this respect in a much better state than their comrades of the regular army. After the suppression of the mutiny the reason for this difference was sought, and it was found to be insignificance occupied of comparative insignificance occupied by the commandant of a regular regiment, who had practically no power to punish or reward his own men. In contrast the commanding officer of a regiment of the Punjab irregular Force had almost absolute power and could himself deal promptly and effectively with all military of fenders. This system appears to have had its origin in the union, frequent in those days on the Frontier, of the functions of deputy commissioner, political officer and military commandant in one and the same person. This union of power enabled the commanding officer to convict and sentence a military offender, and thereafter to issue a warrant for the execution of the sentence, which was respected by the civil and prison officials as emanation from him in his civil and magisterial capacity. When a new Indian Army came to be organized on the ruins of the old, it was realized that the hands of the regimental commanding officer would have to be strengthened if the 'evils' which had gal Army were to be avoided. With this object in mind summary courts martial were at first introduced tentatively and in 1869 established definitely as part of the legal machinery of the Indian Army. The procedure and powers relation to the summary court martial were contained in Articles 93-97 and 107 of the Indian Articles of War of 1869.
The provisions for summary courts martial were not introduced into the regular army till after the mutiny in the Bengal Army in 1857. The discipline of the regular Indian Army had, for some time before that catastrophe, seriously deteriorate and it was noticed that an irregular troops, especially the Punjab irregular Force, where in this respect in a much better state than their comrades of the regular army. After the suppression of the mutiny the reason for this difference was sought, and it was found to be insignificance occupied of comparative insignificance occupied by the commandant of a regular regiment, who had practically no power to punish or reward his own men. In contrast the commanding officer of a regiment of the Punjab irregular Force had almost absolute power and could himself deal promptly and effectively with all military of fenders. This system appears to have had its origin in the union, frequent in those days on the Frontier, of the functions of deputy commissioner, political officer and military commandant in one and the same person. This union of power enabled the commanding officer to convict and sentence a military offender, and thereafter to issue a warrant for the execution of the sentence, which was respected by the civil and prison officials as emanation from him in his civil and magisterial capacity. When a new Indian Army came to be organized on the ruins of the old, it was realized that the hands of the regimental commanding officer would have to be strengthened if the 'evils' which had gal Army were to be avoided. With this object in mind summary courts martial were at first introduced tentatively and in 1869 established definitely as part of the legal machinery of the Indian Army. The procedure and powers relation to the summary court martial were contained in Articles 93-97 and 107 of the Indian Articles of War of 1869.
Wednesday, 8 May 2013
Monday, 8 April 2013
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