R. VISWAN & OTHERS versus UNION OF INDIA & OTHERS

R. VISWAN & OTHERS versus UNION OF INDIA & OTHERS

Section 21 of the Army Act, 1950, and its application to GREF personnel via S.R.O.s 329 and 330 are constitutionally valid and protected by Article 33 since GREF is an integral part of the Armed Forces. The restrictions imposed on fundamental rights are valid, and the application of both Army Act and Central Civil...

Source-derived case information.

Parties
Petitioner: R. Viswan & Others; Respondent: Union of India & Others
Jurisdiction
India
Judgment Date
06 May 1983
Procedural Posture
Writ Petition and Special Leave Petition (criminal) / Supreme Court Judgment on Merits
Outcome
Petitions dismissed
Legal Topics
Article 33 of Constitution, Section 21 Army Act, 1950, Applicability of Army Act to GREF, Fundamental Rights of Armed Forces, Discrimination (article 14)
Constitutional Law Military Law Administrative Law Article 33 of Constitution Section 21 Army Act, 1950 Applicability of Army Act to GREF Fundamental Rights of Armed Forces Discrimination (article 14)

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Parties

R. Viswan & Others

Petitioner

Union of India & Others

Respondent

Procedural Posture

Writ Petition and Special Leave Petition (criminal) / Supreme Court Judgment on Merits

Legal Issues

  1. 1 Whether Section 21 of the Army Act, 1950 read with Chapter IV of the Army Rules, 1954 is protected by Article 33 of the Constitution.
  2. 2 Whether General Reserve Engineering Force (GREF) members can be considered 'members of the Armed Forces' within Article 33.
  3. 3 Whether application of Army Act and Army Rules to GREF violates Article 14 due to discrimination.

Ratio Decidendi

Section 21 of the Army Act, 1950, and its application to GREF personnel via S.R.O.s 329 and 330 are constitutionally valid and protected by Article 33 since GREF is an integral part of the Armed Forces. The restrictions imposed on fundamental rights are valid, and the application of both Army Act and Central Civil Services Rules is not discriminatory or violative of Article 14. Convictions and dismissals of the petitioners under military law were valid; no grounds to set aside the convictions or the disciplinary process exist.

Court Disposition

Petitions dismissed

Orders

  • Writ petitions and special leave petitions dismissed with no order as to costs.