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ANALYSING THE INTER-SERVICES ORGANISATION ACT, 2023: ENHANCING DISCIPLINE AND COMMAND IN DEFENCE SERVICES

Act starts with its three main objectives underlined in the name itself, Command, Control

INTRODUCTION

Act [1] starts with its three main objectives underlined in the name itself, Command, Control and Discipline. But what does it signify in the context of the armed forces? The bill got permission from the President of Bharat on 15th August 2023 and was made into effect for the whole nation from 10th May 2024. The broad objective is to bolster efficiency, discipline and togetherness within and among the armed forces. The Union Government has taken the following steps for maintaining uniform discipline and coordinating efforts across diverse inter-service establishments. The Act aims to establish joint or theatre commands to ensure seamless operations during joint missions, thereby their responsiveness and efficiency. A major reason for implementing the Act is to streamline the command structure, eliminate redundancies, and ensure uniformity in dispensing administrative powers across all the armed forces. Thus, The Act aims to strengthen Bharat’s [2] defence capabilities and improve readiness and effectiveness of operations.

EXISTING INTER-SERVICE ORGANISATIONS AND REVIEW OF COMMITTEES

Bharat in an intense war with Pakistan defeated them on 26th July 1999 which is celebrated as the Kargil Vijay Diwas, right after three days, the Kargil Review Committee was constituted on 29th July 1999 led by K. Subrahmanyan as the chairman along with three other members who were tasked to review the events leading to the Pakistani aggression in the Kargil District of Ladakh[3] (then Jammu & Kashmir) and to recommend such measures as are considered necessary to safeguard national security against such armed intrusions.

The recommendations made by the KRC[4] were made public in 2000 after being duly deliberated upon in the Parliament by the Group of Ministers (GoM) where some committee findings were kept private and confidential, out of the public domain stating National Security Reasons. One of the major recommendations put forth was related to creating the post of CDS also referred to as the Chief of Defence Staff who were to act as a one-stop adviser to the Ministry of Defence by integrating and coordinating among the three services. The main objective behind the recommendations given by the KRC was to strengthen the intelligence capabilities of the nation and have a better administrative structure for better execution of services. Thus, there was the establishment of the Defence Intelligence Agency (DIA) in 2002 and Bharat’s Nuclear Policy was also up for review to ensure it aligns with the current strategic requirements.

A major development after the recommendation given by the KRC was the establishment of DIA in 2002 and further was the creation of Bharat’s first-ever Inter-Service Command also known as a Theatre Command established in Andaman and Nicobar which is situated in Port Blair. Formally, known as the Andaman Nicobar Command (ANC) had grave importance on its shoulders, being in a strategic location of the Indian Ocean Region (IOR) which is home to at least one-fourth of the world population, safeguards Bharat’s interests in Southeast Asia and the Strait of Malacca by increasing rapid deployment of military assets in the nearby islands. The Strait of Malacca serves as a gateway to more than 40% of world trade[5] and a major sea route for the import and export of China’s goods to the rest of the world. Hence, Bharat’s ANC serves as a guard towards protecting world trade and the rights of its citizens if any harsh or superfluous step is taken by China or any other nation towards hampering the sovereignty of Bharat.

Bharat was on the right path even before major countries like Russia, China, and France thought of establishing theatre commands or theatre academies for the training of their armed forces. The National Defence Academy (NDA) established on 7th December 1949 in Pune, Maharashtra is the world’s first tri-service academy in the world. The establishment followed the report of the Field Marshall Claude Auchinleck, Commander-in-Chief of the Indian Army which was submitted to the Government of India in 1946, recommended for a Joint Service Military Academy, with its training modelled on the United States Military Academy at West Point.

Following the establishment of ANC in 2001, another theatre command was established in 2003, known as the Strategic Force Command (SFC) also referred to as the Strategic Nuclear Command is an integrated functional command under the Nuclear Command Authority (NCA). SFC is solely responsible for the process of delivering nuclear weapons and warheads, subject to acquiring approval from the NCA. In furtherance, it exercises absolute authority over the nuclear assets of the country, ensuring the management and administration of all strategic forces. The command is led by two councils namely, the Political and Executive Council chaired by the Prime Minister and the National Security Advisor of India respectively, whereas the Political Council holds the sole and absolute authority over the use of nuclear weapons in India.

It can be seen evidently that India had started implementing the use of theatre commands in different areas whether a tri-service academy or a fully functional command, it did lead to the creation of the Shekatkar committee[6], which was formed to provide more structure to India’s defence capabilities and rebalance defence spending.

In the context of Inter-Service Organisations, a significant recommendation given by the committee was regarding establishing three theatre commands. The recommendation delved upon the creation of a theatre command in the north for the China Border to be established in Lucknow, a Western Command for the Pakistan Border to be based in Jaipur and a Southern Command for Maritime Role to be either based in Kanwar or Thiruvananthapuram. This was the single most important recommendation that the committee provided leading to the Union government deliberating and further introducing the Inter-Services Organisation Act, of 2023.

REVIEW OF THE ACT

The above historical precedent was necessary to understand the grave importance of the implementation of the act. The act seeks to empower the Commander-in-Chief or the Officer-in-Command of the Inter-Services Organisation to dispense disciplinary and administrative powers in respect of service personnel following the provisions of the Army Act, 1950, Air Force Act, 1950 and the Navy Act, 1957.

The commander-in-chief or the Officer-in-Command of the Inter-Services Organisation would either be a General officer of the regular army, referring to ranks above that of Brigadier, or a Flag officer of the Indian Navy, referring to the Admiral of the fleet, Admiral, Vice-Admiral and Rear Admiral or an Air officer of the Air Force, referring to ranks above that of Group Captain.

Section-4[7] of the act entails special provisions for certain forces under the Central Government which allows any forces acting under the Government and not under the ambit of either Army, Navy or Air Force shall have all the provisions of the act with or without modifications falling upon all the officers of such force by notification of the Central Government. Upon such issuance of notification, the authority to exercise disciplinary and administrative powers under the respective acts governing such force including those powers conferred by warrants or commissions shall be dissolved and vested in the Commander-in-Chief or Officer-in-Command of the Inter-Services Organisation.

In addition, the Central Government through a notification in the official Gazette may constitute a joint service command also referred to as a theatre command, comprising units or service personnel who are subject to any of the service acts. Further, it is required for the personnel constituting the theatre command to be present from at least two of the three services and other special forces notified by the Government. Sub-clause 2 of Section 5[8] states that any officer other than the Commander or Officer-Command can be vested with the same powers and authorities working alongside them if deemed fit and thus, notified by the Government.

Inter-service organisations established before the commencement of the act such as the Andaman and Nicobar Command (ANC) in Port Blair, the National Defence Academy and even the Strategic Force Command being an integrated functional command, shall[9] be deemed to have been constituted under the provisions of the act. Adding further, the same process shall be followed for any Commander-in-Chief of Officer-in-Command of an Inter-service organisation appointed before the enactment of the same.

The main authority or the superintendence of the Inter-Service Organisations vests in the Central Government or the Ministry of Defence in particular as defined under Section-9[10] of the act. The Central Government has the power to issue directions to each of these organisations on any matters concerning national security or even general administration if such has been considered necessary and expedient in the Public Interest. Thus, it can be seen that the Ministry or the Government has absolute authority over commanding the nature of the Organisations in the Public interest if deemed fit.

CONCLUSION

The Inter-Services Organisation Act, of 2023 is a very big step in strengthening the defence of Bharat. To remove this impediment and to better coordinate across services, the Act unifies command structures between the Army, Navy, and Air Force by removing duplication. Creation of theatre command: Theatre commands ensure swift and seamless operational response increasing agility vis a vie potential threats It gives you a solid foundation for standardized discipline and centralised control, both of which are important to counter all the modern defence challenges. The consolidation not only heightens efficiency but also reinforces national security under one command. I believe the Act illustrates a longer-term perspective from the government concerning national defence, which can provide greater strategic preparedness.

Author(s) Name: Lakshya Chopra (National Law University, Odisha)

References:

[1]The Inter-Services Organisations (Command, Control and Discipline) Act 2023.

[2]Constitution of India, art 1(1).

[3]The Jammu and Kashmir Reorganisation Act 2019, s 3.

[4]CLAWS, ‘Report of the Kargil Review Committee: An Appraisal’ (2009) <https://archive.claws.in/images/journals_doc/1400824637Report%20of%20the%20Kargil%20Review%20Committee%20%20CJ%20SSummer%202009.pdf> accessed 5 August 2024.

[5]Colin R. Powrie, ‘Malacca Strait: Why does up to 40% of global trade flow through here?’ (Eurasian VC, 22 December 2022) <https://eurasianvc.substack.com/p/malacca-strait-why-does-up-to-40> accessed 6 August 2024.

[6]Ministry of Defence, ‘Report of Shekatkar Committee’ (Press Information Bureau, Ministry of Defence, 4 February 2016) < Press Release:Press Information Bureau (pib.gov.in) > accessed 6 August 2024.

[7]The Inter-Services Organisations (Command, Control and Discipline) Act 2023, s 4.

[8]The Inter-Services Organisations (Command, Control and Discipline) Act 2023, s 5(2).

[9]The Inter-Services Organisations (Command, Control and Discipline) Act 2023, s 6.

[10]The Inter-Services Organisations (Command, Control and Discipline) Act 2023, s 9.