Tenure of service under the Act
Section 18 of the Army Act, 1950 deals with tenure of service under the Act. Every person subject to this Act shall hold office during the pleasure of the President. The Act came into force on 22 Jul 1950.
Every person subject to this Act shall hold office during the pleasure of the President.
Section 18, The Army Act, 1950 (Act 46 of 1950).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Union Of India vs Parashotam Dass
Court's Decision & Legal Precedent
The power of the High Court under Article 226 of the Constitution to exercise judicial review is not inhibited, and a complete bar on the exercise of such jurisdiction by the High Court to review decisions arising from the Armed Forces Tribunal cannot be sustained as it would violate the basic structure of the Constitution. While High Courts must exercise self-restraint and recognize the distinct nature of the Armed Forces Tribunal, they retain the power to grant appropriate relief if the Tribunal's proceedings result in denial of fundamental rights guaranteed under Part III of the Constitution or if the proceedings suffer from a jurisdictional error or any error of law apparent on the face of the record. The judgment in Union of India & Ors. v. Major General Shri Kant Sharma & Anr. does not lay down the correct law and is overruled.
On this section: Matters relating to orders under Section 18 are excluded from Tribunal jurisdiction as per Section 3(o) of Armed Forces Tribunal Act.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 18
What have the courts held on Section 18 of the Army Act?
Union Of India vs Parashotam Dass (21 Mar 2023) is the leading judgment on this section among those set out below: Matters relating to orders under Section 18 are excluded from Tribunal jurisdiction as per Section 3(o) of Armed Forces Tribunal Act.
How do I find court cases under Section 18 of the Army Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Army Act 1950 18, section 18 Army Act 1950, section 18 of the Army Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Union Of India vs Parashotam Dass (21 Mar 2023).
What should I read with Section 18 of the Army Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 18 of the Army Act come into force?
Section 18 of the Army Act, cited as Army Act 1950 18, came into force on 22 Jul 1950, having been enacted on 20 May 1950. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Definitions961 words
- 142. Presumption as to certain documents547 words
- 90. Deductions from pay and allowances of officers422 words
- 91. Deductions from pay and allowances of persons other than officers415 words
- 34. Offences in relation to the enemy and punishable with death328 words
- 151. Order for disposal of property regarding which offence is committed303 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.