Tenure of service of officers and sailors
Section 15 of the Navy Act, 1957 deals with tenure of service of officers and sailors. Every Officer and [sailor] shall hold office during the pleasure of the President. The Act came into force on 01 Jan 1958.
(1) Every Officer and 1[sailor] shall hold office during the pleasure of the President.
(2) Subject to the provisions of this Act and the regulations made thereunder,
(a) the Central Government may 2[dismiss or] discharge or retire from the naval service any officer or 1[sailor];
(b) the Chief of the Naval Staff or any prescribed officer may 3[dismiss or] discharge from the naval service any 4[sailor].
Section 15, The Navy Act, 1957 (Act 62 of 1957).
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 this provision 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 15
What have the courts held on Section 15 of the Navy 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 this provision are excluded from Tribunal jurisdiction as per Section 3(o) of Armed Forces Tribunal Act.
How do I find court cases under Section 15 of the Navy 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: Navy Act 1957 15, section 15 Navy Act 1957, section 15 of the Navy Act. People searching for it also type what is an article 15 in the navy. 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 15 of the Navy Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 15 of the Navy Act come into force?
Section 15 of the Navy Act, cited as Navy Act 1957 15, came into force on 01 Jan 1958, having been enacted on 27 Dec 1957. It is in force as at the date shown on this page.
Other sections of this Act
- 97. Constitution of courts-martial1231 words
- 31. Liability for maintenance of wife and children1010 words
- 82. Provisions as to award of punishment902 words
- 3. Definitions777 words
- 133. Presumption as to certain documents679 words
- 168. Appointment of the Judge Advocate General of the Navy and his subordinate officers526 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 23 Oct 2026. This page is not a substitute for legal advice.