Power to modify certain fundamental rights in their application to persons subject to this Act
Section 21 of the Army Act, 1950 deals with power to modify certain fundamental rights in their application to persons subject to this Act. Subject to the provisions of any law for the time being in force relating to the regular Army or to any branch thereof, the Central Government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this Act-- (a) to be a The Act came into force on 22 Jul 1950.
Subject to the provisions of any law for the time being in force relating to the regular Army or to any branch thereof, the Central Government may, by notification, make rules restricting to such extent and in such manner as may be necessary the right of any person subject to this Act--
(a) to be a member of, or to be associated in any way with, any trade union or labour union, or any class of trade or labour unions or any society, institution or association, or any class of societies, institutions or associations;
(b) to attend or address any meeting or to take part in any demonstration organised by any body of persons for any political or other purposes;
(c) to communicate with the press or to publish or cause to be published any book, letter or other document.
Section 21, The Army Act, 1950 (Act 46 of 1950).
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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Samuel Kamalesan v. Union of India
Court's Decision & Legal Precedent
Art.33 / Army Act empower discipline that may restrict Part III for Forces; administrative termination under Army Act s.19 read with Army Rule 14 for persistent refusal of regimental religious parades upheld; s.19 is independent of court-martial under s.45. DATE VERIFIED Final Order / JUDGMENT 2025-05-30 (order-1.pdf).
On this section: Army Act s.21 is Parliament's Art.33 vehicle to modify Part III for persons subject to the Act; relied on in upholding discipline regime.
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 21
What have the courts held on Section 21 of the Army Act?
Samuel Kamalesan v. Union of India (30 May 2025) is the leading judgment on this section among those set out below: Army Act s.21 is Parliament's Art.33 vehicle to modify Part III for persons subject to the Act; relied on in upholding discipline regime.
How do I find court cases under Section 21 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 21, section 21 Army Act 1950, section 21 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 Samuel Kamalesan v. Union of India (30 May 2025).
When did Section 21 of the Army Act come into force?
Section 21 of the Army Act, cited as Army Act 1950 21, 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 18 Oct 2026. This page is not a substitute for legal advice.