Sanjha Morcha

No troops for Afghanistan: India US Defence Secretary: Won’t tolerate terror havens, want freedom of navigation

No troops for Afghanistan: India
US Secretary of Defence James Mattis pays homage at the Amar Jawan Jyoti at India Gate in New Delhi on Tuesday. PTI

Ajay Banerjee

Tribune News Service

New Delhi, September 26

A month after the US unveiled its new Afghanistan policy and sought to rope in India for a wider role, Defence Minister Nirmala Sitharaman today categorically refused to deploy Indian troops in the war-ravaged country.“There shall not be boots from India on the ground (in Afghanistan),” said Defence Minister Nirmala Sitharaman while addressing a joint press interaction with US Secretary of Defence James Mattis here. Sitharaman was responding to a question whether the US was seeking more contribution from India (in Afghanistan).(Follow The Tribune on Facebook; and Twitter @thetribunechd)“Boots on the ground” is a military euphemism for putting troops to battleground. India has a 14 lakh-strong Army with experience in mountain warfare. The Indian line of not sending troops to Afghanistan has been consistent since 2001, when the US announced its war on terror post the 9/11 attacks.Sitharaman elaborated on how India had built dams, hospitals, schools, roads and the Parliament building in the war-torn country. “India’s contribution shall continue,” she asserted.Mattis and his delegation is the first Cabinet-level visit from the US to India since Donald Trump took over as President in January.Trump, speaking at a military event on August 21, had announced a new Afghanistan policy asking New Delhi “to help more with Afghanistan, especially in the area of economic assistance and development”.From India’s perspective, it is already part of the Russia-led six-nation group on consultations on reconciliation with the Taliban. At the military level, New Delhi has trained more than 4,000 Afghan army officers and provided them with helicopters and small arms.On Pakistan, Mattis buttressed India’s stance, saying there can be no tolerance of terror safe havens. As global leaders, India and the US have resolved to work together to eradicate this scourge, he said, without naming Pakistan.Calling terrorism a common problem affecting both nations, Mattis, a retired General, said: “Our countries recognise the threat that global terrorism poses to people throughout the world.” A statement later stressed the need for the two nations to come together to combat the scourge of terrorism.Earlier, without naming any country, both sides spoke about the freedom of navigation and resolution of disputes within the “rules-based global order”. This was in reference to the hydrocarbon-rich South China Sea and the ongoing dispute with China.On whether India raised the issue of continued US aid to Pakistan, Sitharaman said she had taken up the matter with her counterpart. “The same forces that find havens in Pakistan hit at New York and Mumbai. My request is that Secretary Mattis will be able to speak out when he visits Pakistan.”Secretary Mattis later called on Prime Minister Narendra Modi and briefed him on the progress in advancing the bilateral agenda and implementing the decisions taken during Modi-Trump meeting in Washington this June. 


Major moves SC against ‘operational’ posting with RR

NEW DELHI: The row over categorising Army Services Corps (ASC) officers as ‘non-operational’ when it comes to promotion continues to simmer despite three rounds of litigation in the Supreme Court as an ASC major has moved a fresh petition seeking cancellation of his posting with counter-insurgency unit Rashtriya Rifles (RR).

After the SC last year upheld the Ajay Vikram Singh Committee (AVSC) classification for promotion of officers in combat and services corps and settled the dispute by asking the authorities to release additional colonel posts for promotion of services corps officers, these officers demanded proportional increase in posts above the rank of colonel for promotion purposes.

With the SC refusing to entertain a review petition, over 100 officers of lieutenant colonel and major ranks of ASC recently moved a petition seeking parity in promotion with combat officers. They said they too got posted in operational areas and had given extreme sacrifices at par with combat officers. However, the SC’s reluctance to entertain the petition forced them to withdraw it.

On Monday, Major Amod Kumar from ASC, posted with 44 RR, Shopian, moved the SC challenging his posting and rejection of his representation to Army authorities against the ‘operational’ area posting of a ‘non-operational’ category officer.”Having reiterated the position in the Supreme Court during previous hearings that services officers are not posted in operational areas, surprisingly, the Army authorities have rejected the representation stating that the vacancies in which the petitioners were being posted were to be staffed by services officers only,” Major Kumar’s petition said.”The AVSC recommended command-exit policy provided for a command tenure of 2.5 years for infantry and artillery officers, three years for armoured officers, four years for engineers, signals and air defence officers and five years for services officers. This categorisation of tenure had a direct effect on the promotional avenues available to officers of various corps creating discrimination and batch disparity,” the petition added.Major Kumar said with the SC accepting the classification of ‘operational’ and ‘non-operational’ officers, the matter had reached finality and it was not open to Army authorities to post a ‘non-operational’ category officer in an ‘operational’ combat unit, he said.

 

The major added, “Services officers are routinely deployed in operational areas despite Army authorities holding them to be ‘non-operational’. A large number of services officers have been martyred while serving in operational areas. Considering the policy of Army authorities regarding services officers, the petitioner cannot be compelled to serve in an operational area and to do so is in violation of his fundamental right and principles of natural justice.”

 


Centre hikes DA to 5 pc for 1.1 crore employees, pensioners

Centre hikes DA to 5 pc for 1.1 crore employees, pensioners
The new DA rate will be applicable from July 1.
New Delhi, September 12
The Centre on Tuesday increased dearness allowance and dearness relief by 1 per cent to 5 per cent, benefiting 50 lakh employees and 61 lakh pensioners.
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This decision was taken at the Union Cabinet meeting chaired by Prime Minister Narendra Modi here.
“Release of additional instalment of DA is an increase of 1 per cent over the existing rate of 4 per cent of the basic pay/pension, to compensate for price rise,” according to an official statement.
The new rate will be applicable from July 1.
The combined impact on the exchequer on account of both DA and DR would be Rs 3,068.26 crore per annum and Rs 2,045.50 crore in the financial year 2017-18 (for a period of 8 months from July 2017 to February 2018).
This move will benefit about 49.26 lakh central government employees and 61.17 lakh pensioners, it said. — PTI

 


Holidays a tribute or loss to state? 138 scheduled closed days this year, including one to mark Saragarhi Day today

Holidays a tribute or loss to state?
A delegation of the British Army being welcomed at an event to commemorate the Battle of Saragarhi in Ludhiana on Monday. September 12 is a state holiday on account of the occasion. Photo: Ashwani Dhiman

Jupinderjit Singh

Tribune News Service

Chandigarh, September 11

The Punjab Government’s declaration of holiday on Tuesday to commemorate the famed Battle of Saragarhi — on which Chief Minister Capt Amarinder Singh has recently penned a book — is an addition to the 137 days off that were already scheduled for government employees this year. That includes weekends and the 33 official holidays.Any days closed on account of law and order situations or elections in the state would be over and above the now-138. This means Punjab offices remain closed for around 40 per cent of the days. The obvious question to ask, therefore, is do we really need to declare holidays to commemorate special days?A woman clerk’s response in the Civil Secretariat was on expected lines: “What’s the harm? We work overtime on several days, even on weekends, but don’t get paid extra for that. It has become a fad to term government employees lethargic.” She did not want to be identified.A male colleague joined in to say government work was not affected by such holidays, “We have to work extra a day before or after a holiday.”Nazar Singh Manshahia, a former government employee and now an AAP MLA, disagreed, “It disrupts the working of the system and affects the economy too. We have to find better ways to commemorate special days and events. Instead of declaring a holiday to mark the Battle of Saragarhi, the government should have organised programmes to discuss the significance of the day. Not even 10 employees would be visiting any memorial or function on the day. This is no tribute.”He even suggested that in case a holiday is declared for such days, or due to any law and order problem, as happened recently on account of the dera tension, then subsequent weekends should be declared working days to make up for the loss.Prof Pramod Kumar, Director, Institute of Development and Communication, whose suggestions on governance reforms were implemented earlier by the SAD-BJP government, said Punjab needed to take a leaf from the Uttar Pradesh Government, which in April this year stopped the practice of declaring holidays on birth and death anniversaries or any special days.Manisha Beri, director of a travel company in Chandigarh, said: “Days off must be affecting productivity, but for a business like ours, holidays come as a boon, especially if these come close to weekends.”Parambans Singh Romana, a spokesperson of the Youth Akali Dal, said it was good that Saragarhi Day was being commemorated.


Defence cooperation with India important for Indo-US ties: Trump admn

Defence cooperation with India important for Indo-US ties: Trump admn
Donald Trump. Reuters file

Washington, September 7

The Trump administration has told US Congress that defence cooperation with India would be an important pillar in the bilateral relationship as it needs the country to be a net security provider in the Indo-Pacific region.The Trump regime has informed the Congress that it “strongly supports” transfers of F-18 and F-16 fighter proposals put forth by Boeing and Lockheed Martin, respectively.These proposals have the potential to take Indo-US defence ties to the next level, it said.“The reason why defence cooperation with India is so vital to US interests is because we need India to be a net security provider in the Indo-Pacific, a region that serves as the fulcrum of global trade and commerce, with nearly half of the world’s 90,000 commercial vessels–many sailing under the US flag, and two-thirds of traded oil travelling through the region,” Alice Wells, acting assistant secretary of state for the South and Central Asian Affairs told a Congressional Subcommittee in a written submission.Wells is scheduled to testify before the House Foreign Affairs Subcommittee on Asia and the Pacific on ‘Maintaining US Influence in South Asia: The FY 2018 Budget’ on Thursday.She said in her submission that the Indo-Asia Pacific region is also home to nearly half of the planet’s population and some of the fastest growing economies on earth.“Working with like-minded partners, India has the strategic and economic potential to uphold the international order that has served so much of humanity over the past seven decades. The investments we make in our security partnership now will pay dividends for decades to come,” she said.As fellow democracies, countering terrorism is the critical priority for both India and the United States, she asserted.“India is situated in a dangerous neighbourhood, where terrorist attacks have killed both Indians and Americans alike. Joint training and capacity building are essential to expanding our CT cooperation,” she said, citing the State Department Anti-Terrorism Assistance (ATA) program in which more than 1,100 Indian security personnel have received training from the US since 2009.Wells said India is among America’s most important strategic partners in the Indo-Pacific region.“In the words of President Trump, the relationship between India and the United States has never been stronger, has never been better,” she said in the testimony.“The President’s first meeting with Prime Minister (Narendra) Modi in June set a positive tone and ambitious agenda for strengthening bilateral ties, particularly in the areas of defence, energy and trade,” she added.Talking about the trade between the US and India in her written submission, Wells said the economic relationship had largely been on a positive trajectory and America needed to do more to balance the trade deficit between the two countries, which totalled nearly USD 30 billion last year.

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“We are working closely with USTR and the Commerce Department to address the concerns of the US business community regarding India, including tariff and non-tariff barriers, subsidies, localisation policies, restrictions on investment, and intellectual property concerns that limit market access and impede US exporters and businesses from entering the Indian market,” Wells said.“Our bilateral trade has more than doubled in the last decade from USD 45 billion in 2006 to more than USD 114 billion in 2016. US exports to India support more than 260,000 American jobs across all 50 states,” she said.Last year alone, investment from Indian companies supported more than 52,000 jobs in the United States, she added.She said the Trump administration is committed to ensuring that the trade relationship with India is fair and reciprocal, and continued to press India to further open its markets and create a level-playing field for US companies.According to Wells, tremendous opportunities lay in India’s civil aviation market.In early January 2017, SpiceJet, a private Indian airline, announced an order of 155 new Boeing 737 MAX 8s, taking its tally for the aircraft model to 205 total planes.The final assembly of the MAX 737 takes place at the Boeing production facility in Renton, Washington.“…these transactions have an estimated value of USD 23 billion and according to Boeing, would create or sustain more than 130,000 jobs in the US,” she said.Another private Indian carrier, Jet Airways, ordered 75 737 MAX 8s in 2017, she added.“We also see significant opportunities in the energy sector. India is the third-largest energy consumer in the world after China and the United States, and its large and growing population ensures it will remain one of the largest energy consumers for decades,” she added.“India’s state gas utility, for example, signed a 20-year supply agreement with US-based LNG producer Cheniere Energy and has already taken delivery of multiple shipments of gas,” said the top American diplomat. PTI


India to US: Won’t send soldiers to Afghanistan

Without naming Pak, US reiterates zero tolerance for terror havens

NEW DELHI: India will not send troops to war-torn Afghanistan, defence minister Nirmala Sitharaman said after a meeting with her visiting American counterpart on Tuesday, but pledged to help the troubled country build infrastructure and stamp out terrorist safe havens.

AJAY AGGARWAL/HT PHOTODefence minister Nirmala Sitharaman with US defence secretary James Mattis before their meeting at South Block in New Delhi on Tuesday.

The announcement clears the government’s stand in the backdrop of President Donald Trump’s speech this August when he, outlining his new strategy for Afghanistan, urged India to assist efforts to restore security in the country.

“There shall not be boots from India on the ground in Afghanistan,” Sitharaman said at a joint media briefing with US defence secretary James Mattis, the first high-ranking cabinet official in the Trump administration to visit India.

Mattis also briefed Prime Minister Narendra Modi on the progress of deals signed and decisions taken during his June visit to the US. They discussed bilatman eral cooperation toward peace, stability and combating terrorism. The Prime Minister recalled his wide-ranging, candid, and fruitful discussions with President Trump.

New Delhi vowed to continue efforts to build Afghanistan’s infrastructure such as dams, schools, hospitals, roads and any institution the country requires.

India has contributed around $3 billion towards building highways, power transmission lines, dams, and a new parliament as well as to aid public health and education in Afghanistan.

“We are also at the moment training their officials in good governance… India’s contribution has been there and we shall expand if necessary,” Sitharasaid, underscoring New Delhi’s counterterrorism drill for Afghan soldiers.

India’s refusal to involve its military in Afghanistan is viewed as a diplomatic strategy for maintaining fragile peace with arch-rival Pakistan.

Islamabad has long vied with New Delhi for influence in Afghanistan and it sees India’s humanitarian work as one-upmanship. It also accuses India of trying to use the war-ravaged country as a base for anti-Pakistan activities.

But Trump accused Pakistan, saying it offered safe haven to “agents of chaos”. His administration stepped up pressure on Islamabad for more action against militant groups operating from its soil that are blamed for attacks in India and Afghanistan.

Mattis did not name Pakistan but said India and the US would work together to fight terrorism.

“There can be no tolerance of terrorist safe havens,” he said. “As global leaders, India and the United States resolve to work together to eradicate this scourge.”

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Do You Know Your Defense Forces? FAQs: On the Constitutional Status of Defense Forces?

Thanks readers for overwhelming response. Two more blogs will come. Second one in continuation of present one dealing with aspects like what does apolitical means in terms of law and Coup Proofing Vs Coup Phobia and third one on “What Rots Indian Military within”?

This blog is an attempt to answer ‘Frequently Asked Questions’ on issues of military. The questions answers given are not a complete set and shall be kept updated time to time.

Question No 1Military veterans seems to be always agitated on issues like pay, pension and allowances. Why is it? Are they depressed or greedy? 
Answer.
Military veterans vocal on electronic, print and social media or agitating on Jantar Mantar airing their concerns on many issues concerning military, are neither depressed nor greedy. Soldiers of Indian army give more preference to service to nation and democracy than money. There are certain pressure points which govts after govts have not only ignored since 1973, but are creating more reasons for agitations.
As for as public is concerned, in independent India it is happening for the first time, that in last 5-6 years military veterans have taken the course of agitation on key issues in public domain creating ripples in minds of common man creating such false impressions. The issues are pending with govt since 1973 and now the patience of soldiers is at breaking point.
Question No 2. But why shall Govt show such apathetic attitude towards soldiers? Soldiers defend nation and render great service and politicians, babus and govt are surely aware of it? 
Answer
It puzzles solders too. Why such apathetic attitude towards soldiers? Serving soldiers do not have unions or lobbies like civilians. They always had blind trust in govt but in 1973 they were delivered a serious blow when their status, pay, pensions and allowances were reduced drastically by 3rd pay commission and that of civilians raised.  It created serious imbalance and that too once soldiers had delivered an unprecedented and historic military victory in 1971 war.  Instead of award, soldiers were punished. It never happens like that. It is a sure way of killing the high moral of a victorious army setting a wrong precedence.
Soldiers have a system of reporting their problems to their commanding officers, who then report the matter to services HQ at Delhi. Military Chiefs then take up matter with the govt. Soldiers followed the same system and had trust in the ability of their chiefs and Govt. Naturally such serious imbalance created by 3rd pay commission were reported to Govt through proper channels. Then PM Indra Gandhi assured Military Chiefs of resolution of their problems but it never happened.
Since 1973. chiefs after chiefs have kept reporting the matter to Govt. Govts after Govts have kept assuring soldiers about resolution of their problems but without any solution in sight. Rather various political parties have used frustration of soldiers for petty vote bank politics. It has now created a situation wherein soldiers have lost trust in ability of military chiefs to get solution and started doubting the intentions and seriousness of Govts to deliver justice forcing them to came on street and social media bringing matters into the notice of public. After in all in democracy people are supreme. It is surely not a healthy sign for the democracy. It has also created problem within military where abilities of top leaderships to effectively communicate with govt are now being questioned?
Question 3Still why is Govt not serious? Soldiers on street in democracy is a frightening scene? 
 
Answer. 
It is surprising for soldiers too. Why is govt not serious? Why are political parties only interested in using frustration of soldiers for votes? Ignoring the problem without giving any justification is like adding the fuel to fire. Unfortunately, such apathy is creating impressions that corrupt politician- babu nexus has no time for serious issues of the nation and soldiers demand for justice is no exception. Look around, justice system has collapsed, govt administration is totally rusted, corruption rules everywhere, parliament has become defunct, proxy govts rule, no political party has internal democracy, funding channels are kept secret, banking is overburdened with NPAs, gap between poor and rich are widening, farmers are committing suicide. A situation of hopelessness exists. It looks politics has become a profession of employment for failed people who are only interested in loot and plunder. Babus, banks, judiciary, some crony businessmen and temple priests, have joined hands with corrupt politicians to create a mafia. Naturally such mafia has no time and sensitivity for soldiers and justice or what else could be the reason?
Indian soldiers are sensitive, committed to constitution and responsible people. Soldiers know that in the given situation of hopelessness, if they also come on street, as it happens in other countries, it will deliver a death blow to the nation. Naturally so, military veterans have taken the responsibility to communicate with “we the people” who are supreme in democracy, keeping the threshold of agitation well below acceptable limits so that the situation doesn’t explode.
Questions 4. What are the major demands of soldiers? 
 
Answer 
 
The major demands of soldiers are:
1. Status of soldiers as given in the constitution be respected.
2. Accordingly, serious imbalances and disparities between compensation model of soldiers and other govt civil employees be removed based on best HR practices taking into account the average career earnings including pension  benefits.

Question 5.  What are the constitutional provisions for the executive authority of the military? 
Answer
Constitutional military executive authority of the soldiers comes out of the following articles:
1. Article 18;- respects the “Title of Ranks” of Soldiers even after his death. Soldiers never retire. Title of Ranks never die.
2. Article 34:- Gives military a political executive authority to intervene by declaring martial law only to restore democracy.  In India parliamentary democracy is supreme. This article makes Indian military as soldiers totally committed to democracy and “we the people”. There may be situation where state fails to govern as per constitution or parliament is unable to function due to any reasons or rise of a civilian dictator endangers democracy or external/ internal aggression endangers it . In such situations constitution makes obligatory on military authorities to intervene to protect and restore democracy. Baba Saheb Ambedkar was a very wise man. He could sense that in independent India, probability of rise of civilian dictators are more than rise of a military dictator. He therefore under this article, entrusted military a role of silent and invisible custodian of Indian democracy.  History of independent India is testimony to the fact that Baba Saheb was right. Military has been loyal to constitution and we the people whereas Indra tried to become dictator declaring unconstitutional emergency. Military did play its role to protect democracy, when then Army Chief cautioned Indra to remain within limits of constitution. In fact emergency was lifted as all three chiefs wrote a top secret letter to Indra Gandhi advising her to lift emergency and call for elections. Probably this is right time the content of this letter shall be disclosed to public.
3. Article 52 read clubbed with Article 74:- The sovereign authority of govt is vested in the President who wears two distinct hats. One of being head of civil political govt and other of supreme commander of defense forces. These two roles of the president are independent. Under this article the hard and soft national powers are identified and constitutionally divided. While the democracy under the pre-dominance of soft power functions under the leadership of Prime Minister and his cabinet, the total command authority over the hard power of military is denied to him/her. Baba Saheb was a visionary and had deep knowledge of Indian history. He wisely so separated national hard power from the national soft power. Baba Saheb knew if PM or defense minister are given total command authority over military it will give rise to many civilian dictators.  Therefore under this article if read clubbed with article 74, the political direction to military comes from cabinet headed by PM, administrative support comes from ministry of defense and military retains the authority and freedom to take military executive decisions and that is the reason precisely military is an attached organisation to the political govt. Constitutionally, military can not be subordinate to PM and his cabinet as President who is senior to PM is its head and also PM is not given command of military. In Indian democracy where PM exercises executive political authority and President is constitutional head of military, services HQ can only be integrated with civil govt and can not be merged as is the case in USA.
4. Co-relation of Article 34 on Article 52 and 74. Articles 52 and 74 do not take away the authority as vested in supreme commander of defense forces and military commanders as Silent and Invisible Custodians of Indian Democracy. There could be situation where advice of PM (aspiring to become a dictator) and his cabinet to President could be detrimental to democracy. Under article 52 and article 74, president is left with no choice except to accept their advice after one review however under article 34 supreme commander of defense forces or military commanders can exercise military authority as vested in them only to defend constitution and democracy.

Question 6. Constitutionally, what are the roles of the defense forces? 

Answer

If seen in the backdrop of above constitutional provisions, the roles of Indian Defense Forces are:

1. Primary Role. To defend Indian Constitution and democracy against any of the following threats:

a. Any external aggression or threat in any form on the geo-political and economic interests of India, territories under the political control of Indian Govt and Indian constitution. The external threat may not be always in form of military invasions. It may appear in form of externally abetted political assassinations,  cyber or economic wars, threatening geo-poltical alliances or posturing etc.

b. Any internal threat endangering functioning of the constitution and democracy which may be in forms of armed rebellion or political takeover by a civilian dictator.

2. Secondary Role. To assist civil administration in maintenance of law and order and in case of natural calamities, disasters and disturbances only when requisitioned.

Please note that defenses forces can act in their secondary roles only when requisitioned. However for preforming their primary roles, no such orders or requisition are required. However as long as an elected political govt under parliamentary democracy is functioning, defense forces will always seek their political directions before any action. In case such govt seize to exist or nuke attacks have obliterated such govt or a civilian dictator has taken over violating constitution or any state govt has rebelled or any armed rebellion has seized any part of territory/ govt administration, defense forces will act under the military authority as vested in them to protect constitution and shall not wait for any political directions.

Question 7. What are the constitutional provisions for the status and service conditions of the Defense forces?

Answer
Chapter 14 of the constitution deals with “Services of the Union and States”. Though defense forces are created under articles 34 and 52, but their service conditions are constitutionally governed under this chapter. Relevant article are as under:
1. Article 309 empowers parliament to make legislation for the service conditions of various public services including defense forces.
 2. Article 310 Makes provisions for the tenure of all commissioned officers of the defense forces personals and civilian gazetted officers to be at pleasure of president. This article mentions various govt services in order of their seniority in terms of constitutional status. Officers of the defense forces are first in the seniority even ahead of civil services of the union (discontinued after independence) and All India Services (IAS, IPS, IRS, IFS etc).
Articles 311- 323 under the chapter deal with various safeguards provided to civil services and forming of Public Service Commissions.
Legal provisions for withdrawal of Pleasure of President in respect to officers of the  defense forces differ from the civil officers which  for defenses forces are further given in respective services acts, rules and also regulations.
Under article 309, various civil services acts for giving various service conditions in details like IAS acts and rules or IPS acts and rules have been framed. However in relation to defense services Govt and Parliament has chosen to remain silent and adhocism has been created. Absence of act and rules for service conditions of defense forces in detail as mandated under article 309, is the root cause of soldiers grievances. Present Defense Acts and Rules deal more with the discipline aspect of forces. The defense regulations are customs of Monarchy. India is a democracy and defense forces shall not be administered under adhoc regulations.
Question 8.  How are officers in defense forces appointed and how does their oath differ from a civil servant?
Answer
Officers of the defense forces in addition to being gazetted, are also commissioned officers. The word “commission” is mentioned in the parchment given to them at the time of their commissioning wherein they take oath of allegiance not only to the constitution as taken by civil officers but also to obey lawful command of their superior officer up in the chain of command after due observations to it being a lawful in accordance with laws of regular army.

Under this observed obedience of lawful command, duty to defend the constitution is inherent. Civilians including PM and Govt Ministers take oath of allegiance to the constitution and not to defend constitution? Few key aspect which shall be noted in appointments of defense officers are :

1. The parchment of commission is given under the printed signatures of the President authenticated by a Military General and not by any civil officer.
2. In parchment of commission, the President uses the word “ME” and not “MY GOVT” as he uses in Parliament, because the authority of military command is absolute in nature and is vested in him as supreme commander of the defense forces. Such power legally can not be delegated to any other authority. Provisions of article 74, therefore do not apply on military authority and chain of command. Army laws make nature of command legally very clear.  In case of confusion of political directions for military between President and PM, defense forces are obliged to follow orders of supreme commanders of defense forces and not PM.
3. Officers of defense forces take oath to serve anywhere in world and space, where ever they could be send by land, air and sea beyond the territories of India and where even the Indian laws do not apply? They enforce the sovereign authority of the state not only within national territories but beyond.
4. Officers are suppose to follow such orders of command which are lawful in nature. Legal validity of orders are decided by officer himself interpreting these under the law. Commissioned officers are therefore expected to use their judgment to decide legality of the orders and all illegal orders he is expected to disobey. In case commissioned officers obey illegal orders, they carry liability of criminal prosecution.
5. Officers of the defense forces by virtue of being commissioned officers, are vested with following powers
a. Military executive authority not only to impose its will using military force on any entity but also to the extend of forming govts. Military Govt in India were formed in Hyderabad, Goa and Junagarh once these were liberated and also in Bangaldesh and Jaffna Sri Lanka.
b. Judicial powers to not only give punishments to the extend of death sentence, but in certain situations confirm and execute it without any reference to any court, govt and president.
c. Powers of Magistrates are exercised by defense forces in aid to civil authority. Officers of the rank of NCOs and above  exercise such powers. Whereas in case of civil these are not below gazetted officers.
d Military Authority to command troops. Military functions based on unique concept of command.
e. Administrative powers like any civilian officers.
It could be seen from above that all functions of state for which a civil govt has different organs, in case of military are vested in commissioned officers.
Question 9It seems somewhat confusing? General Impressions are that constitutionally IAS officers are Masters of Indian Destiny and they are even superior than other sister services like IPS, IRS and IFS? 

Answer

If seen in backdrop of article 310, that is not correct. Over a period of time IAS officers have taken advantage of their certain appointments and closeness to politicians. Corrupt, greedy and insecure politicians have obliged them, as in elections IAS officers are appointed returning officers responsible to check validity of their nomination papers, their election canvassing activities and spending of funds. In fact it is this appointment which makes them a kind of masters of Indian Elections. It is the IAS officer as DM, who announces results of vote counting. When in multi corner elections where victory margins are thin, such officers naturally can oblige politicians. It is this relationship between politicians and IAS officers which has given unjustified advantage to IAS. In most of the democracy. No civil servant is given the responsibility of being a returning officer.  In US, civil servants only oversee checks over political spending, in Pakistan, these are judicial officers who are nominated as returning officers. The present practice is harmful to Indian Democracy and parliament must take note of it? 

Nevertheless constitutionally, following shall answer the question about the correct position on the standing of officers of defense forces with officers of IAS and other All India Services :

Comparison of Constitutional Status of Defense Officers and IAS including Officers  of All India Services

1. Sovereign Executive Military Authority is an exclusive domain of military officers exercised through powers and chain of command. Under such authority nations are destroyed or made. Political directions for military actions at macro levels are given by elected govt in a functional democracy. Under article 34 defense forces have been made silent and invisible custodian of Indian democracy with a responsibility to keep it intact. No such powers in civil domain to any civil officer.

2. Authority to form political Govt is an exclusive domain of political civil Govt in a functional democracy on mandate of ‘we the people’. However in certain situations with approval of elected civil political authorities and if it doesn’t exist then own its own, officers of the defense officers form a political govt in any external captured territory and anywhere within the country. Examples are when military formed Govts in Haydrabad, Goa and Junagarh within the country and in Bangladesh and Jaffna; Sri Lanka abroad. Such govt can be led by any military officer or any other person so authorized by responsible military commander.  Adjutant General of the Army HQ is responsible for the subject. Only officers of the rank of Brigadier and above are authorized to declare formation of such govt. That is the reason rank of Brigadier was and should be equated with the appointment of secretary of Govt of India. Same is the practice world over in most democracies. No such authority is vested in any of the officers of all India services. All civil officers serve under the command of military commanders under the military govts.

3. Judicial Powers  Any commissioned officer can be nominated to the military court as a Judge. Military officers of the rank of Captain and above exercise judicial powers of a session judge and can give death sentences.  In case of SGCM, an officer of the rank of Captain and above can nominate himself as judge and can give death sentence in a summary trial. He in this case can also confirm the sentence given by himself on behalf of president and give orders for its execution without reference to any court and civil authority. No right of appeal is given to the accused. Military Laws can be made applicable to civilians either by notification by central govt or under martial laws. Legal validity of the courts formed under martial laws has the sanction of Supreme Court. No such powers or authority is held by any officer of the all India services.

4. Powers of Magistrate.   Powers of magistrate is more of a civilian concept when a civilian officer is given part of executive authority of the state by virtue of he/her holding an appointment or given for a period. Military works on the concept of command where executive powers of state are inherent in powers of command of Military officers by virtue of holding commission or authority to exercise such powers. In case of military, powers of command are given down to NCO levels. In aid to civil authority military Non Commissioned Officers, has the powers to order fire.  Such orders in case of civil can only be given by a Civil magistrate. These powers are not inherent as is the case of military officers. IAS officers exercise powers of magistrate as returning officers for an election. It is this appointment which gives advantage to them to illegally oblige politicians and makes them powerful over others.

5. Administrative Powers   Exercised as authorized by defense officers as well as officers of all India services.

Please note,  IAS officers or other officers of all India services exercise executive powers of state only when they have powers of magistrate or holding a specified appointment where as executive authority of the state are inherent to all commissioned officers by virtue of they holding  commission on behalf of President. Nature of job of officers of all India services is more as administrative whereas in case of defense officers it is pre-dominantly executive. That is the reason article 310, puts officers of defense forces in senior most order than officers of all India services and other civil services. Yes it is also true constitutionally that IAS officer have no legal standing to claim seniority or preference over IPS, IRS or IFS. Their present superior status is illegal and has been created with help of politicians as they are the only one who can become returning officers to conduct elections.

Question 10. The word defending the constitution are neither mentioned in Oath and Nor in commission parchment, then how are officers of the defense forces responsible for the defending the constitution?

Answer 
 
Oath of President of India has two key words. One “upholding the constitutions” and other defending it?  President takes the oath to defend constitution as supreme commander of the defense forces and the only means to defend constitution, he has are the defense forces. He therefore passes his authority to officers of the defense forces in form of commission. It is through this commission the officers of defense forces become responsible for defending the constitution by military force following lawful command. Article 34 also makes it obligatory on part of the defense forces to defend constitution.
Question 10. Civil Political Govt has authority and freedom to decide what shall be status of the defense officers and how shall they be paid? Why shall defense officers and soldiers crib?
 
Answer
 
Govt of the day is formed and functions under the broad constitutional framework. No govt or babu is above constitution and they are expected to work within the space as provided. Since 1973 govt are taking certain unconstitutional decisions and downgrading status and compensations of the the defense forces. The same is highly objectionable. Defense forces have been so far maintaining the decorum and trying to argue reason with the govt. Unfortunately the same is not yielding the result and no answers are coming from the govt?  That is main reason military veterans have taken to social media and streets.
Questions 11Why shall Govt give answers to the military? It is communicating its decisions? Where is the problem in it? 
 
Answer
 
India is a democracy and not autocracy. Govts are answerable to the people and parliament. In case of military they need to explain reasons as by law military is not expected to obey unlawful orders. Soldiers have certain of their fundamental rights restricted it doesn’t mean they lose all other rights of a being Indian citizens? Govt carry a responsibility to reason out their grievances? It is demand of democracy.
Question 12. Why is military not going to court? After all it is an attached organisation to the govt and maintains its own identity? 
 
Answer
Defense forces surly have such options open but not exercising showing respect to democracy and hoping  that some day wisdom will prevail. After all military going against an elected govt in court might cause serious problems to the democracy. Yes some serving officers and military veterans are taking some lead but the same is also not a healthy sign.
Question 13. What are the main grievances? Can same be elaborated? 
Answer
 
Same were explained above in answer to question 4. The same is again elaborated here:
1. Considering various articles 18, 34, 52, 309 and 310 of the constitution and their authority, powers of command, roles and functions, officers of defense forces have a constitutional status and the same is superior to the senior most civil services that is IAS. Article 310 makes it very clear. Equating commissioned officers inferior to police and higher than homewards is surely humiliating. Since 1973 defense forces are actually under systematic motivated attacks from political establishment for marginalizing them. The same is likely to create a serious imbalance in power structure of the country in total violation of constitution which is fraught with serious consequences like creating space for rise of civilian dictators.
2. On the eve of Independence, first Govt under PM Nehru in fact had realized the problem and on recommendations of a committee, respecting constitutional status of the defense officers, certain principle of parity were laid down. The same were:
a. The status of officers of defense forces will be superior to civil services; IAS.
b. Seniority protocol between commissioned officers and IAS shall be decided based on length of service and not on the basis of rank of defense officers.
c. Compensation packages in terms of total average career take home including pension of defense forces shall be higher than civil. In case of defense officers more than IAS.
3. The above thumb rule as made under Nehru govt, respected the constitution. It was in 1973, in lust to be a dictator, Indra Gandhi tweaked above policy and cut their status and compensation drastically. The process which she started is still continuing? Now the situation is that in terms of status, defense forces are being equated to Grade B civil officers and their average career take homes are less than police and above home guard?
4. The real unrest is not OROP or some allowances here or there. Real issue is question of disparity and serious imbalances in total disregard to constitutional status of the soldiers. If a MP is respected as MP, if president is respected as president, if judges are respected as judges all as per status given in constitution than why are soldiers not being respected their constitutional status? Degrading soldiers in total disregards to constitution is nothing but direct attack on Constitution.
Question 14. PM Modi seems to be serious in resolving the issues, then why are soldiers still agitating?
 
Answer
 
Soldiers had lots of hope in Sh N Modi as he looked sincere but actions of his govt doesn’t speak the same story. Following may please be noted:
1. BJP promised a white paper on the problems and also formation of a military commission. In last 2 years nothing has happened on it?
2. After BJP formed govt, their defense minister clearly said “OROP” can not be given. Soldiers are asking salary for life. That triggered agitation. Then their Home Minister tried to break the agitation using force. A RSS leader in their first ever political darbar in Delhi, in fact as reported passed instructions to present Defense Minister in a very derogatory manner “Give them something and make them quite’?   It further aggravated problem.
3. Govt has accepted recommendations of the VII pay commission which has given a very humiliating treatment to soldiers, cutting them further in status and compensations. There are issue pending since IV, V and VI pay commissions. Nothing was addressed, rather more cuts have been implemented. It has happened for the second time, while the civilians have been given their dues, soldiers are still struggling. It is the first time in the history of India, where three services chiefs have polity declined implementation of VII pay commission till major anomalies are resolved.
4. On issue of disability govt has created yet another controversy.
5. Now fresh controversy over status parity has erupted in MOD, where civil officers of the Grade B are being treated much superior than commissioned officers.
6. On all these issues, one can notice deliberate leaks and motivated article  to defame soldiers? In VII pay commission report, an attempt has been made to put down soldiers and show them as greedy.
7. A new fund has been created for public to donate money giving and impression that as govt has no money for soldiers as nation is poor, public must pitch in donations.
Question 15. India is poor country surly she cant not pay soldiers lavishly? 
 
Answer
 
Who is asking that? India is a poor country then why to pay civilian govt employees so lavishly? Soldiers are asking to remove imbalances and restore their status maintaining the principle of parity in line  of constitutional status. Nehru Govt did make the rules.
Question 16. If govt doesn’t address the problem as seen by soldiers and tries to resolve its own way then what are the consequences? 
 
Answer
 
At first place govt shall not do that. The constitution is supreme. If govt still wishes to go ahead then better amend constitution. Make defense minister as supreme commander of defense forces, abolish article 34 and article 52 II. Amend article 310 to make defense forces junior to police forces. Make NSA as Chief of Defense Staff and stop giving commission to defense officers. Where is the problem? We live in a democracy where constitution and will of people are supreme.
But if not done, then respect the present constitution. In any case, since independence a situation has been created now where trust of soldiers in govt as the its lowest. It is a dangerous situation. A soldier who is low in his self esteem and doesn’t trust govt will have no trust in cause of his mission and moreover he will be more worried about future, safety and security of his family? Such soldiers can only deliver defeat.  Choice is of the govt and we the people.
Question 17. What is the way out? 
 
Answer
 
Well the way out is known to the govt. BJP did promise a white paper and standing military commission. In fact Supreme Court has been suggesting same to govt. Twice it has happened that SC has ordered Govt to form a standing commission and then withdrawn its orders on promise of the govt. Let this commission first publish a white paper and then take a comprehensive approach to restructure the whole model keeping constitution in mind. The real issues are only two. 1. Treating soldiers as per their constitutional status and 2. accordingly structuring a compensation model.

Author is ex army Colonel and corporate leader presently seeding first Chamber of Commerce of Ex Servicemen

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Army must revisit skewed policies

Recent press reports inform us that a group of 100 serving officers of the ranks of Major and Lt Colonel of the Army Service Corps (ASC) have approached the Supreme Court for rectification of an act of discrimination.

They claim they are deployed on combatant tasks when the army needs them, but are denied benefits on promotion prospects which come with operational deployment, as their service is categorised as non combatant. While ignoring the legal jargon in the case, there is merit in their claim, as the army continues to follow outdated policies solely to protect a select lot. When considered for operational deployment or counter insurgency tasks, there is no such term as non combatant.

All who wear the uniform are combatants and function accordingly, irrespective of their arm or service. However, to differentiate when promotions and appointments are considered is gross injustice. For decades, the army has followed the policy of distinguishing between different arms and services, and has generally been biased towards the infantry. Officers belonging to the infantry and armoured corps are automatically considered for command of formations, while those from other arms including engineers, artillery, air defence and signals need to be selected based on their performance, despite being equally fit. Very few are approved.

Officers from services (ASC, Army Ordnance Corps (AOC) and Electrical and Mechanical Engineers (EME)) are not even entitled to be considered for such appointments, only because they belong to these units. The logic conveyed is that the fighting arms, implying the armoured and infantry are at the forefront of battle, hence only they are capable of commanding formations. This logic may not be valid any longer for a variety of reasons.

Firstly, all officers, irrespective of arm or service are trained in common institutions and establishments in operations of war, in addition to specialised courses of their specific arm or service. During this period, there is no bias towards arm or service. Secondly, all major courses which determine higher appointments including the Higher Command course, Higher Defence Management course and the National Defence Course are attended by the crème de la crème of the batch from all arms and services.

The training and exposure is common; therefore to subsequently differentiate between officers is incorrect. Thirdly, there are claims that officers from the services are not exposed to operations. This is incorrect. Officers from the services have also been at the forefront of operations in the last few decades. They presently undergo two years of infantry attachment soon after commission. They are the front runners in operations of Infantry battalions.

In fact, the services presently claim more Ashoka and Param Vir Chakra awardees amongst the officer category than do Infantry regiments. The nation has fought no war since Kargil. Even in Kargil, many young officers who fought, laid down their lives and were decorated for bravery were from the services, mainly the AOC and ASC. In the valley, services officers continue to operate and produce results as an integral part of Rashtriya Rifles and infantry battalions and have been decorated for their bravery and performance on numerous occasions.

Every officer in the present environment, irrespective of arm or service, undergoes a minimum of one tenure in the valley or the North-East battling militancy. In addition, when posted to any establishment or unit in insurgency-affected areas, which is almost as frequent as the infantry, they are irrespective of appointment given additional tasks, including road opening or patrolling. Thus, operational experience at the junior level is the same.

Claiming they lack similar experience at staff levels, again a reason for denying rightful appointments, is because of the army’s faulty policies which prevents their getting the desired exposure. This bias implies a reduction of vacancies in senior ranks which translates into making them lose out on promotional avenues. Such a narrowminded approach of the top army brass leads to capable officers losing out only because they were commissioned into a service. Simultaneously, this faulty policy has the army bypassing qualified and capable officers.

At the stage of commissioning, a cadet is asked to list the arm or service of his choice. The final allotment is made on vacancies and his seniority in the training institute. Many never get their desired choice. To deny an officer a rightful future solely because he was commissioned into a service is wrong. After all he wears the same uniform, is trained in the same institutes and fights alongside his colleagues from other arms when he is so tasked.

There has been no report of any service failing in its role in operations or counter insurgency. This narrow-minded outlook of the army, protecting a select few, while denying equal rights to others, has affected morale and cohesion between officers of different arms and services. Officers from the services have begun questioning army headquarters on their discrimination.

Earlier, over three hundred officers from the services had approached the courts to offset a skewed promotion policy put in place after the Kargil war, when the army decided to reduce the ages of command.

They finally won that battle in the Supreme Court and have now been compelled to take up another. The third largest army in the world and the most respected institution of the nation is being sued by its own for discrimination and favouritism.

The hierarchy is aware of its shortcomings, but is unwilling to change. It is too steeped in trying to protect a select few, while ignoring others, only because they are serving in arms and services, other than the infantry. It may again have to be the courts that compel the army to change and become just and fair to all those who wear the uniform and swear allegiance to the nation.

After all, they too have done their bit in protecting the nation. Army headquarters must revisit its skewed policies and amend its biases internally, before it is embarrassed by the courts and publicly questioned.

(The writer is a retired Major-General of the Indian Army.)


All-women crew, Nirmala get going Defence Minister flags off naval expedition, reviews ops in Goa, Barmer

All-women crew, Nirmala get going
Defence Minister Nirmala Sitharaman salutes the all-women crew of INSV Tarini that will attempt to circumnavigate globe, in Goa. PTI

Tribune News Service

New Delhi, September 10

Within three days of taking over as the Defence Minister, Nirmala Sitharaman got a hands-on feel of separate military operations at Barmer and Goa while she also flagged off an all-women circumnavigation sailing crew of the Navy.Sitharaman visited the IAF forward base at Uttarlai, Barmer, and interacted with fighter pilots and airmen at the base. She was briefed about the role of the base and nature of its air operations.It’s for the first time that any Defence Minister has visited Uttarlai after December 30, 2001, the Ministry of Defence said.(Follow The Tribune on Facebook; and Twitter @thetribunechd)Earlier in the day, Sitharaman interacted with naval fighter pilots at the shore-based test facility at Dabolim, Goa. In the afternoon, she flagged-off Indian Naval Sailing Vessel Tarini (INSV Tarini) with an all-women crew that will attempt to circumnavigate the globe.The crew is expected to return to Goa in April 2018, on completion of the voyage. The expedition will be covered in five legs, with stopovers at four ports — Fremantle (Australia), Lyttleton (New Zealand), Port Stanley (Falklands) and Cape Town (South Africa).Terming it a historic day, Sithraman said: “Globally, our women are going to stand out for something which most navies of the world would not have even thought of.” She appreciated the Indian Navy and the mentors for inspiring, motivating and training these women.INSV Tarini is being skippered by Lt Commander Vartika Joshi, and the crew comprises Lt Commanders Pratibha Jamwal, P Swathi, and Lieutenants S Vijaya Devi, B Aishwarya and Payal Gupta. The expedition is titled ‘Navika Sagar Parikrama’.


Fire at Army’s ammunition depot in Bathinda

Fire at Army's ammunition depot in Bathinda

Tribune News Service

New Delhi, September 7A fire broke out at the Army’s ammunition depot in Bathinda district of Punjab early on Thursday.There was no report of any casualty in the incident.”Fire broke out at the Army’s ammunition depot here at 5.10 am. It was contained by 6.30 am,” Bathinda Deputy Commissioner Diprava Lakra said.”There is no loss of life in the incident,” he said.The assessment of the damage will be done by the Army, he said.Short circuit was stated to be the reason behind the fire, the DC said. —With PTI inputs