THE CONSTITUTIONALITY OF EXTRA JUDICIAL ACTION BY ARMED FORCES
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Abstract
In a first instance of a cross-border operation, special forces of the Indian Army in coordination with the Air Force on 9th June 2015, carried out a strike inside Myanmar, killing 38 insurgents believed to be responsible for the deadly ambush in Manipur that killed 18 soldiers on June 4th 2015. Seven others were also injured. The strike was carried out by a crack team of about 70 commandos of the Indian Army who finished the operation within 40 minutes. An action of the state such as this begets the question of the constitutionality of the said action. Can the state avoid the scrutiny of such an action in the guise of “national security?” In this paper we shall put forth arguments in favour of the state and shall present arguments to the contrary as well. We come to the conclusion that such action can indeed come under the purview of our national courts and also how such action could violate the peremptory norms of international law.
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Copyright © 2026 by Sanjana Rao, Suryakiran G, Tejas C Shetty
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