41. Inquiry by Court as to legal constitution .-(1) On the Court-assembling, the order convening the Court shall be laid before it together with the charge-sheet and the summary of evidence or a true copy thereof, and also the ranks, names and corps of the officers appointed to serve on the Court; and the Court shall satisfy itself that it is legally constituted; that is to say-
(a)that, so far as the Court can ascertain, the Court has been convened in accordance with the provisions of the Act and these rules;(b)that the Court consists of a number of officers, not less than the minimum required by law and, save as mentioned in rule 38, not less than the number detailed;(c)that each of the officers so assembled is eligible and not disqualified for serving on that Court-Martial; and(d)that in the case of general Court-Martial, the officers are of the required rank.(2)The Court shall, further, if it is a general or district Court-Martial to which a Judge-Advocate has been appointed, ascertain that the Judge-Advocate is duly appointed and is not disqualified for sitting on that Court-Martial.(3)The Court, if not satisfied with regard to the compliance with the aforesaid provisions, shall report its opinion to the convening authority, and may adjourn for that purpose.
