Report No. 67
Regarding exemption (a).
The Army Act, 19501 and the Air Force Act, 19502 provide for the form of oath or affirmation of allegiance and obedience to be taken by a person who is reported fit for duty or has completed the prescribed period of probation after enrolment. Under the Army and Air Force Acts, the oath or affirmation is taken by a person who is to be enlisted, i.e., (a) all persons enrolled as combatants, (a) all persons of non-commissioned or acting non-commissioned rank and (c) all other persons prescribed by the Central Government. The Navy Act, 19573 provides for the oath of allegiance and obedience that every officer and every seaman has to take before the Commanding Officer of the ship to which he belongs, as soon as may be after appointment or enrolment.
The nature of the oath is the same under all the three Acts, viz., allegiance to the Constitution and obeying orders of the superior officer. The oath of affirmation to be taken by a person under the Navy Act seems to be for every officer or seaman who is appointed or enrolled. In this respect, thus the Navy Act would he wider than that under the Army or Air Force Acts, as under the latter two Acts, oath or affirmation has to be taken only by those persons who are to be attested after he is reported fit for duty or after the period of probation.
1. Section 17(2), Army Act, 1950.
2. Section 17(2), Air Force Act, 1950.
3. Section 13, Navy Act, 1957.