Published July 26, 2026 | Version v1

Law, Ethics and Soldiering: A Jurisprudential Study of Human Values in the Indian Army

Description

The profession of soldiering is unique because it combines the legal authority to use force with the ethical responsibility to protect the nation while respecting human dignity and constitutional values. Beyond military skills and discipline, a professional soldier is expected to demonstrate integrity, courage, honour, accountability, selfless service, and respect for the rule of law. These human values are essential for maintaining public trust and ensuring the legitimate exercise of military power. This paper examines the relationship between law, ethics, and soldiering in the Indian Army from a jurisprudential perspective. It draws upon major schools of jurisprudence, including natural law, legal positivism, sociological jurisprudence, and interpretivist theory, to explain how ethical values influence military leadership, decision-making, discipline, and professional conduct. The study also analyses the constitutional and legal framework governing the Indian Army, particularly the Constitution of India, the Army Act, 1950, and the concept of constitutional morality. The paper further discusses contemporary challenges such as counter-insurgency operations, artificial intelligence, cyber warfare, and evolving human rights expectations, which require military personnel to balance operational effectiveness with ethical and legal responsibilities. It concludes that human values form the foundation of military professionalism and act as a bridge between military law and military ethics. Strengthening value-based leadership and constitutional commitment will enhance the effectiveness, credibility, and democratic legitimacy of the Indian Army in an increasingly complex security environment.

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Law-Ethics-and-Soldiering-A-Jurisprudential-Study-of-Human-Values-in-the-Indian.pdf