Dr. Priya A Jagadish, Assistant Professor, JSS Law College, Autonomous (Affiliated to KSLU), Mysuru
Jiss Anthony, B.A. LL. B. (Hons.), JSS Law College (Autonomous), Mysuru
ABSTRACT
The legal framework that oversees the armed services, known as military jurisprudence, is essential topreserving order, pursuing justice, and defending the rights of troops. The United States and India, two significant democracies with different legal traditions, are the subjects of this research article, which compares and contrasts the development of military jurisprudence in their respective legal systems. It looks at how military legal systems have evolved historically in both nations, examining their disciplinary processes, sources of power, and current legal frameworks. This also discusses the articles that pertain to the validity of the Constitution. Key parallels and discrepancies between both these systems are examined in the research. The study explores particular issues such as military personnel's rights, striking a balance between due process and military authority, and how criminal cases are handled. The Supreme Court rulings in these two nation’s highest courts provide us insight with into the significance of the judiciary's involvement in military affairs. The decisions rendered by these tribunals have also benefited military jurisprudence. A new area of knowledge and interpretation of the notion of military law has emerged in both nations as a result of several historic rulings rendered by these courts. The objective of the comparison study is to pinpoint areas of possible improvement and best practices in both systems. The study also takes into account how modern concerns, including as foreign deployments, counter terrorism efforts, and changing social values, have an influence on military jurisprudence in the US and India. Through an extensive comparative analysis, this study aims to enhance comprehension of the many ways in which legal frameworks tackle the intricate problems encountered by contemporary militarizes.
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