Context: Ministry of Defence has notified the Inter-Services Organisations (Command, Control and Discipline) Act, 2023. To address the multi-faceted security threats by India there has been emphasis towards increasing jointness and integration of armed forces.
Some efforts towards this include Andaman & Nicobar Command, Strategic Forces Command, Office of Chief of Defence Staff and plans to create five theatre commands. Inter-Services Organisation bill is being enacted to enable joint-services command to function with greater efficiency, expeditious disposal of cases, avoid multiple proceedings and will be a step towards greater integration & jointness among the Armed Forces personnel.
Current challenges to creation of theatre commands and jointness
- Currently, there was no legal framework for creation of the Inter-Services Organisation.
- In exigencies, allows personnel from CAPFs work with Inter-Services Organisation.
- Commander-in-Chief or Officer-in-Command of inter-service organisations cannot exercise disciplinary /administrative powers over personnel who come from Army, Navy and Airforce and are regulated by these respective acts like Army Act, Navy Act, Air Force Act.
- Officers serving in ISOs need to be reverted to their respective parent service units for disciplinary or administrative actions leading to delays in justice and administering justice.
The Act will promote theaterisation and jointness by:
- Pave way for much greater integration & jointness amongst the three Services, lay strong foundation for creation of Joint Structures and further improve the functioning of the Armed Forces.
- Empowers central government to constitute an inter-services organisation by notification leading to greater integration and jointness in ISOs.
- Applies to other personnel apart from Armed Forces like CAPFs.
- The Act will allow tangible benefits such as maintenance of effective discipline in inter-services establishments by the Heads of Inter-Services Organisations by:
- Empowers Commander-in-chief or Officer-in-Command of ISO with all disciplinary and administrative powers on personnel serving in ISOs.
- Ensures effective discipline and efficiency in ISOs by heads of ISOs.
- No requirement of reverting personnel under disciplinary proceedings to their parent service units.
- Expeditious disposal of cases of misdemeanour or indiscipline.
- Saving public money & time by avoiding multiple proceedings.
- This Act further enhances India's movement towards defence theaterisation and further dialogue. and planning is required to further boost India's security.
Salient Feature of Inter-Services Organisation (Command, Control & Discipline)
- Empowers the Central Government to constitute an Inter- Services Organisation.
- ISO Act is an enabling act. It does not propose any change in the existing Service Act/Rules/Regulations which are time tested and withstood judicial scrutiny. Service personnel when serving in or attached to an Inter-Services Organisation will continue to be governed by their respective Service Acts. What it does is to empower Heads of Inter-Services Organisations to exercise all the disciplinary and administrative powers as per the existing Service Acts/Rules/Regulations, irrespective of the service they belong to.
- The ‘ISO Act - 2023’ shall be applicable to all personnel of regular Army, Navy, and Air force, and to persons of other forces as notified by the Central Government, who are serving in or attached to an Inter-Services Organisation.
- Empowers the Commander-in-Chief, Officer-in-Command or any other officer specially empowered in this behalf by the Central Government with all the disciplinary and administrative powers in respect of personnel serving in or attached to their Inter-Services Organisations for the maintenance of discipline and proper discharge of their duties, irrespective of the service to which they belong.
- The Commander-in-Chief or the Officer-in-Command means General Officer/Flag Officer/Air Officer who has been appointed as Commander-in-Chief of Officer-in-Command an Inter-Services Organisation.
- To maintain Command and Control in absence of the Commander-in-Chief or the Officer-in-Command, the officiating incumbent or the officer on whom the command develops in absence of a Commander-in-Chief or Officer in Charge, will also be empowered to initiate all disciplinary or administrative actions overs the service personnel, appointed, deputed, posted or attached to an Inter-Services organisation.
- Empowers the Commanding Officer of an Inter-Services organisation to initiate all disciplinary or administrative actions over the personnel appointed, deputed, posted, or attached to that Inter-Services Organisation. For this Act, Commanding Officer means the officer in actual command of the unit, ship or establishment.