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DEFENCE LAW IN INDIA

IA

The Supreme Command of the Armed Forces vests in the President. The responsibility for national defence rests with the Cabinet. This is discharged through the Ministry of Defence, which provides the policy framework and wherewithal to the Armed Forces to discharge their responsibilities in the context of the defence of the country.

ACTS, PROCEDURES AND PRACTICE


MD

Ministry of defence constituted  four Organisations viz.

  1. Defence Research and Development Organisation (DRDO)

+RAC, the Recruitment and Assessment Centre of DRDO

  1. Department of Defence Production (DDP)
  2. Department of Defence (DOD)
  3. Department of Ex-Serviceman Welfare (DESW)

+Pension    + Sainik Board    +Battle Casualties     + Financial Assistance & Rehabilitation   + Orders & Circulars

WINGS OF THE DEPARTMENT OF DEFENCE (DOD)

JS(G/Air)

JS(O/N)

JS(Training) and CAO

JS(C & W)

JS(E/PG) & CVO

JS and AM(Air)

JS and AM(Land Systems)

JS and AM (Maritime and Systems)

JS(PIC)

JS and Sect. BRDB

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INDIAN MILITARY 

ACTS & RULES 

THE AIR FORCE ACT, 1950

THE ARMY ACT, 1950

An Act to enable certain special powers to be conferred upon members of the armed forces in the disturbed areas in the State of Jammu and Kashmir.

THE NAVY ACT, 1957

THE ARMED FORCES (SPECIAL POWERS) ACT, 1958

THE ARMED FORCES TRIBUNAL ACT, 2007

  • The Armed Forces Tribunal Act 2007, was passed by the Parliament and led to the formation of AFT with the power provided for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolments and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.It can further provide for appeals arising out of orders, findings or sentences of courts- martial held under the said Acts and for matters connected therewith or incidental thereto. LINK
  • The Tribunal shall transact their proceedings as per the Armed Forces Tribunal ( Procedure) rules, 2008
  • The Tribunal shall exercise all the jurisdiction, powers and authority exercisable under this Act in relation to appeal against any order, decision, finding or sentence passed by a court martial or any matter connected therewith or incidental thereto. Any person aggrieved by an order, decision, finding or sentence passed by a court martial may prefer an appeal in such form, manner and within such time as may be prescribed.The Tribunal shall have power to grant bail to any person accused of an offence and in military custody, with or without any conditions which it considers necessary.
  • Application could be  filed under section 14 of the Armed Forces Tribunal Act, 2007 challenging the order of termination of service.

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INDIAN  PARA MILITARY

THE TERRITORIAL ARMY ACT, 1948

It is the second line of defence after the Indian Army.

THE CENTRAL RESERVE POLICE FORCE ACT, 1949

An Act to provide for the constitution and regulation of an armed Central Reserve Police Force

COST GUARD ACT(1978)

BORDER SECURITY FORCE ACT

CIVIL DEFENCE ACT (1968)

SASASTRA SENA BAL ACT( 2007)

THE CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968

THE NATIONAL SECURITY GUARD ACT, 1986

An Act to provide for the constitution and regulation of an armed force of the Union for combating terrorist activities with a view to protecting States against internal disturbances and for matters connected therewith.

THE INDO-TIBETAN BORDER POLICE FORCE ACT, 1992

An Act to provide for the constitution and regulation of an armed force of the Union for ensuring the security of the borders of India and for matters connected therewith.

THE ASSAM RIFLES ACT, 2006

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Treaties & Agreements connected with Non-proliferation
  • April 11, 1996
    This treaty, also known as the Treaty of Pelindaba, ensures the denuclearization of Africa.
  • October 21, 1994
    This framework between the United States and the DPRK resolves the nuclear issue on the Korean Peninsula by replacing the DPRK’s graphite moderated reactors and related facilities with other alternative energy arrangements.
  • May 26, 1972
    The United States and the Soviet Union agreed to each have only two ABM deployment areas so restricted and located that the ABM areas cannot provide a nationwide defense or become the basis for developing one.
  • June 3, 2013
    This treaty establishes common international standards for regulating the international trade in conventional arms, and seeks to prevent and eradicate the illicit trade in conventional arms and prevent their diversion.
  • April 10, 1972
    This was the first multilateral disarmament treaty that banned the development, production, and stockpiling of an entire category of weapons of mass destruction.
  • January 13, 1993
    This is a multilateral treaty that requires, within a certain timeframe, the ultimate destruction of chemical weapons and the prohibition of development, production, stockpiling and use of chemical weapons.
  • September 24, 1996
    This is a legally binding global ban on all nuclear explosive testing.
  • December 3, 2008
    This treaty, through prohibition and a framework for action, addresses the humanitarian consequences of civilians by cluster munitions.
  • December 8, 1987
    This treaty between the United States and the Soviet Union requires destruction of ground-launched ballistic and cruise missiles with certain ranges, and associated equipment within three years of the Treaty entering into force.
  • November 25, 2002
    This code is an agreement between states on how they should conduct their missile trade and bolsters efforts to curb ballistic missile proliferation.
  • February 14, 1967
    This treaty prohibits Latin American states from not only acquiring and possessing nuclear weapons, but also from allowing the storage or deployment of nuclear weapons on their territories by other states.
  • August 5, 1963
    This prohibits nuclear weapons tests in the atmosphere, in outer space, under water, and in any other environment if the explosions cause radioactive debris to be present outside the territory of a responsible state.
  • December 3, 1997
    This treaty seeks to eradicate landmines by prohibiting the use, stockpiling, production, and transfer of antipersonnel mines.
  • April 16, 1987
    This limits the spread of ballistic missiles and other unmanned delivery systems used for chemical, biological and nuclear attacks by encouraging its 35 member states to restrict their exports of technologies capable of delivering any type of WMD.
  • April 8, 2010
    A treaty between the Russian Federation and the United States with central standards on further reduction and limitation of offensive arms to be met by February 5, 2018.
  • July 1, 1968
    This treaty is the basis of international cooperation on stopping the spread of nuclear weapons by promoting disarmament, nonproliferation, and peaceful uses of nuclear energy.
  • March 24, 1992
    This treaty establishes a regime of unarmed aerial observation flights over state territories and enhances mutual understanding of and increase transparency in military forces and activities.
  • January 27, 1967
    This prevented states from placing nuclear weapons or other WMD’s into Earth’s orbit, and prohibited states from installing such weapons on the Moon or celestial bodies or stationing them in outer space in any other manner.
  • May 28, 1976
    This treaty between the United States and the Soviet Union prohibits peaceful nuclear explosions not covered by the Threshold Test Ban Treaty, and verifies all data exchanges and visits to sites of explosions through national technical means.
  • February 11, 1971
    This treaty sought to prevent the introduction of international conflict and nuclear weapons in areas already free of them.
  • August 6, 1985
    This prohibits the manufacture, possession, or control of nuclear explosives, the dumping of radioactive wastes at sea within the defined zone, and the testing or stationing nuclear explosive devices within state territories.
  • July 1, 1968
    These negotiations between the United States and the Soviet Union slowed the arms race in strategic ballistic missiles armed with nuclear weapons by curbing the manufacture of strategic missiles capable of carrying nuclear weapons.
  • June 18, 1979
    This treaty between the United States and the Soviet Union replaced the Interim Agreement with a long-term comprehensive treaty that provided broad limits on strategic offensive weapons systems.
  • July 31, 1991
    This treaty between the United States and the Soviet Union/Russian Federation was the first to call for reductions of U.S. and Soviet/Russian strategic nuclear weapons and served as a framework for future, more severe reductions.
  • January 3, 1993
    This treaty between the United States and the Russian Federation implemented reductions in two phases in order to meet the established limit on strategic weapons for both states.
  • May 24, 2002
    This treaty required the United States and the Russian Federation to reduce their deployed strategic nuclear forces. It took effect and expired on Dec. 31, 2012. Both could then change the size of their deployed strategic nuclear forces.
  • July 3, 1974
    This treaty between the United States and the Soviet Union established a nuclear threshold through the prohibition of the testing of new or existing nuclear weapons with a yield exceeding 150 kilotons.

    U.S. Relations With India

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