Civil Authority

AID TO CIVIL AUTHORITIES

INTRODUCTION

1.  Article 355 of the Constitution of India reads as follows:-

“It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution”.

2. To fulfil the duty laid down in the latter portion of Article 355, the most forceful means available to the Union are the Armed Forces. These are, of course, used only when the civil authorities consider that a particular situation warrants their use, the police and other forces available having been considered or proved inadequate or incapable of handling the particular situation.

3. The Government of India has issued instructions to all the States to seek the assistance of the Armed Forces only in extremely grave situations. They have been advised to make alternative arrangements for internal security duties, making full use of the police and the Home Guards. This has been done to allow the Armed Forces to concentrate on their primary role.

4. The use of the Armed Forces in aid to civil authorities is a keyword of the Central Government. These forces must, therefore, be requisitioned under a centralact and not under a state act. For this reason too, the sanction of the Central Government for their employment has to be obtained before hand, whenever possible. However, when the time is short and a state of emergency has developed, the magistrate of the highest rank present may make a requisition direct to the nearest military authority located, in his area of jurisdiction or even in the neighbouring area even if outside his own state, if there are no military troops in his area. Under such circumstances, military authorities are bound to comply with such requisitions.

TYPES OF DUTIES

5.   Maint of Law & Order.

(a)  Calling in aid the Armed Forces under provisions of Cr P C.  Use of Armed   forces to disperse Unlawful assembly–

(i)  Executive Mgt of the highest Rank who is present may require any offr in command of any group of persons of Armed Forces to disperse and to arrest and confine such persons to have them punished according to law.

(ii)  Offr of the Armed Forces shall obey the requisition in such manner as he thinks fit.

(iii)  In dispersing the unlawful assembly min force will be used. (RA Paras 305 & 306)

(iv)  Dispersal of unlawful assembly by offr of the Armed Forces of their own motion.  (Cr P C Sec  131)

(v)        The expression Armed Forces means Mil, Naval & Air Forces operating as land forces & includes any other Armed Forces of the Union so operating.

(vi)        The “Officer” in relation to Armed Forces means a person Commissioned or Gazetted or in pay as an officer of the Armed Forces and includes a JCO, a WO, a Petty offr, a NCO and a Non Gazetted offr.

(vii)        Protection against prosecution for acts done under Cr P C Secs 130 & 132.

(viii)        No prosecution can be instituted against members of the Armed Forces without prior sanction of the Central Govt.

(ix)        Maint of law & order in an area declared to be a disturbed area under AF(SP) Act.

(b)        Maint of essential services.  Tps can lawfully be commanded to maintain essential services during strikes or in an emergency in the following conditions:-

(a)   In and so far as some Mil object, purpose or proceedings is affected, or

(b)  If maint of a particular service has has been declared to be of vital importance by Cent Govt under the provisions of the Armed Forces (Emergency Duties) Act,1947.