Did Joseph Shine decide anything about Sections 45 and 63 of the Army Act 1950?

No. In that case the Court was concerned only with the validity of Section 497 IPC and Section 198(2) CrPC, struck down on the premise that they offended Articles 14, 15 and 21. Since the scheme of the Acts, in the context in particular of Article 33 of the Constitution, did not fall for consideration, the Court was neither called upon nor did it venture to pronounce on the effect of Sections 45 and 63 of the 1950 Act or the corresponding provisions in the other Acts.

Army Act 1950 — s.45 — s.63 — s.69 — Constitution of India — Art.33 — Indian Penal Code 1860 — s.497 — Clarification of a judgment — Miscellaneous application in the guise of review — Indian Penal Code 1860 — s.497 — Army Act 1950 — s.45 — s.63 — Scope of Joseph Shine clarified — Held: Joseph Shine struck down Section 497 of the Penal Code and Section 198(2) of the Code as offending Articles 14, 15 and 21, and had no occasion to consider the Acts governing the Armed Forces; it did not pronounce on Sections 45 and 63 of the Army Act 1950 or their counterparts. (¶24) Practice and procedure — Application for clarification or modification which is in substance a review — Held further: An application styled as one for clarification, modification or recall which is in substance a review deserves to be rejected, since what cannot be done directly cannot be permitted to be done indirectly. (¶18) Practice and procedure — Finality of a judicial pronouncement — Held further: A judicial pronouncement cannot be modified once delivered by filing a miscellaneous application; the practice reduces litigation to a gambit and must be firmly discouraged. Position clarified; application disposed of. (¶19, 25)

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