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2023-Feb-03
A five-judge constitution bench headed by Justice KM Joseph said, "This (adultery) is going to shake the discipline in the armed forces. Armed forces must have some kind of assurance that they will take action. How can you cite Joseph Shine (judgement) and say it cannot be?" The bench observed in the order that 2018 judgment in the case Joseph Shine vs Union of India was not at all applicable over provisions of the armed forced Acts. The bench further noted that as per Article 33 of the Constitution, the legislations governing armed forces can provide exemptions from the applicability of fundamental rights.
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