Lok Sabha passes bill that seeks to push theaterisation
Defence minister Rajnath Singh said it was part of a series of military reforms being undertaken by the government to empower the country
NEW DELHI: The Lok Sabha on Friday passed a bill that seeks to empower the government to notify the setting up of inter-services organisations, including joint services commands, and bestow powers on heads of such organisations to act against personnel from any of the three services to ensure discipline and effective discharge of duties.
The Inter-Services Organisations (Command, Control and Discipline) Bill, 2023, was passed by the Lower House amid a renewed push for theaterisation, a long-awaited military reform for the best use of the military’s resources to fight future wars.
Introducing the bill in Lok Sabha on March 15, defence minister Rajnath Singh said it was part of a series of military reforms being undertaken by the government to empower the country. He described the bill as an important step towards integration and jointness among the armed forces to face future challenges.
In a report tabled in Parliament on July 21, the parliamentary standing committee on defence recommended that the bill be passed without any amendments and enacted as a statute to promote tri-services integration. The bill was referred to the standing committee by the speaker on April 24.
The bill seeks to bestow powers on the commander-in-chief, officer-in-command or any other officer heading a tri-services organisation to take disciplinary and administrative action against personnel under them who are currently governed by the respective laws of the three services - the Army Act, 1950, the Air Force Act, 1950, and the Navy Act, 1957.
The existing legal framework of the armed forces has its limitations when it comes to tri-services matters as officers of one service lack the authority to exercise disciplinary and administrative powers over personnel belonging to another service. For instance, a three-star general heading a joint command cannot act against air force or navy personnel serving under him.
The lack of such powers with the heads of inter-services organisations (ISOs) and joint establishments over personnel belonging to a service other than their own has a direct impact on command, control and discipline, as previously reported by HT.
“The enactment of the bill will have various tangible benefits such as maintenance of effective discipline in inter-services establishments by the heads of ISOs, no requirement of reverting personnel under disciplinary proceedings to their parent service units, expeditious disposal of cases of misdemeanour or indiscipline and saving of public money and time by avoiding multiple proceedings,” the defence ministry said in a statement after the bill was passed.
The bill will also lead to much greater integration and jointness amongst the three services, lay a strong foundation for the creation of joint structures, and further improve the functioning of the armed forces, the statement said.
It is essentially an enabling law and does not propose any change in the existing service acts/rules/regulations which are time-tested and have withstood judicial scrutiny over the last six decades, the statement added.
“Service personnel when serving in or attached to an ISO will continue to be governed by their respective service acts. What it does is to empower heads of ISOs to exercise all the disciplinary and administrative powers as per the existing service acts/rules/regulations, irrespective of the service they belong to,” the statement added.
The proposed law will improve the functioning of inter-services organisations as they will be able to work with greater independence as a result of much-needed powers being vested in their commanders, Lieutenant General Satish Dua (retd), a former Chief of Integrated Defence Staff to the Chairman, Chiefs of Staff Committee, said on July 21.
The utility of the law will only increase as more inter-services organisations come up, he added.
