The Army Act. 1950 was passed by the Parliament to consolidate and amend the law relating to the government of the regular Army. The persons who are subject to the Act wherever they may be are, inter alia. officer , junior commissioned officers and warrant officers of the regular Army. The conditions of service are contained in Chapter IV. (Sections 18 to 24). Section 18 provides that every person subject to the Act shall hold office during the pleasure of the President. Section 18 is enacted under Article 310 of the Constitution, which lays down that except as expressly provided by the Constitution, every person Who is a member of a defense service or of a civil service of the Union or of an all-India service or holds any post connected with defense or any civil post under the Union, holds office during the pleasure of the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the pleasure of the Governor of the State. Section 18 merely reiterates the constitutional provision contained Article 310(1) of the Constitution. We may also express here that the President exercises his functions conferred on him under the Act with the aid and advice of the Council of Ministers. The President has made Rules for convenient transaction of the business of the Government of India and allocated among his Ministers the said business in accordance with Article 77(3) of the Constitution.
The administration of the Act is allocated to the Defence Minister. Whenever the Constitution requires the satisfaction of the President for the exercise by the President of any power or function, the satisfaction of the President is in the constitutional disease in the Cabinet system of Government (See Samsher Singh Vs. State of Punjab and Another, ). The decision of the Raksha Mantry would be the decision of the President. Then Section 19 provides that such to the provisions of the Act and the rules and -filiations made thereunder, the Central Government may dismiss, or remove from the service, any person subject to the Act. Section 20 provides that the Co As may dismiss or remove from the service any person subject to the Act other than an officer. Section 21 provides the power to modify certain fundamental rights in their application to persons subject to the Act. Section 22 provides that any person subject to the Act may be retired, released or discharged from the service by such authority and in such manner as may be prescribed. Section 23 merely deals with the certificate on termination of service and Section 24 with discharge or dismissal of person serving out of India.
Power to make the rules is conferred by Section 191 of the Act. Without prejudice to the generality of the power conferred by sub-section (1), the rules made thereunder may provide for, inter alia, the removal, retirement, release or discharge from the service of persons subject to the Act. The Army Rules, 1954 (hereinafter referred to as the Rules) have been framed in exercise of those powers. Chapter Iii of the Rules deals with the dismissal, discharge, termination of service of an officer on account of his failure to qualify at an examination or course, dismissal on account of misconduct and on grounds other than misconduct, release on medical grounds, release implicate and dismissal or discharge by COAS. The Rules do not provide for conditions of service in relation to the method and manner of promotions. Section 192 empowers the Central Government to make regulations for all or any of the purposes of the Act other than those specified in Section 191.
There are 23 Regiments in the Indian Army are operating presently :
- Brigade of the Guards Regiment,
- Bihar Regiment,
- Parachute Regiment,
- Punjab Regiment,
- Madras Regiment,
- Grenadiers Regiment,
- Maratha Light Infantry Regiment,
- Rajputana Rifles,
- Rajput Regiment,
- Jat Regiment,
- Sikh Regiment,
- Sikh Light Infactry,
- Dogra Regiment,
- Garhwal Rifles,
- Kumaon Regiment,
- Jammy & Kashmir Rifles,
- Jammu & Kashmir Light Infantry,
- Assam Regiment,
- Mahar Regiment,
- Mechanized Infantry Regiment,
- Nagara Regiment,
- Ladakh Scouts
- Assam Rifles.
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