What a contrast in two funerals of two of India's greatest war heroes

 This is the story of two funerals of two of India's greatest war heroes ...One under NDA and the other under UPA...You may read it and draw your own conclusions...

India's military grace and courtesy was on full display today at Brar Square as the nation stopped for a moment to pay homage to one of India's finest soldiers...Marshal of the Air Force Arjan Singh.....The mourners assembled from all walks of life...past soldiers, grizzled veterans, air warriors, Navy veterans...all heroes in their own space, yet, gathered to pay homage to one of the greatest heroes of our military.....Across the nation, the Tri Color flew at half mast, a sombre statement that the nation mourns one of its greatest sons.....and so did our political class...The Supreme Commander of the Armed Forces, the President of India walked into the residence of the Marshal to pay his respects as did the Prime Minister of India...Today, we saw L K Advani and Man Mohan Singh also place wreaths on the great man....The Raksha Mantri took it upon herself to oversee all the arrangements......And the Air Force flew the Missing Man formation....Yes the Air Force will miss its greatest hero but he will forever remain  an inspiration....

In 1942, a young company commander stopped 8 bullets in his stomach in the battle of the Sittang river in Burma during World War II...they gave him up for dead, but Sam Manekshaw was a man of steel....He pulled through, got back into the war in about a year's time........and went on to become a legend....After the debacle of 1962, Nehru turned to Manekshaw to rebuild the devastated IV Corps in Tezpur....One of his first orders on taking over, was ..."Gentlemen,  any further retreat will be on written orders and no such orders will ever be issued by my HQ..."  The revival in morale was instant.....and he went on to become India's Army Chief in 1969....When the East Pakistan crisis broke in March.1971, Mrs Gandhi was in favor of instant offensive... Gen Manekshaw in the course of a Security meeting with the Prime Minister in the Chair, stood up and told her in no uncertain terms, that he needed 6 months to prepare for war and that it would be suicidal to go in now....Everyone assembled was stunned at this open defiance...But that was Manekshaw, forever blunt, forever forceful, forever speaking his mind...To the eternal credit of Prime Minister Gandhi, she agreed and the rest as they say is history...A new nation emerged in December, 1971, and Gen Manekshaw was appointed India's first 5 Star Military Officer.....

This great soldier passed away on 27 Jun, 2008 and they laid him to rest the next day with full military honours....The Supreme Commander of India's Armed Forces was busy in her home state and could not spare time to fly down to Wellington to pay her respects to this patriot...The Prime Minister of the day, the erudite Man Mohan Singh, an accomplished scholar, probably never understood what military glory and pride was all about ..he could not spare time either...India's Defence Minister, A K Anthony considered the journey to Wellington would be too taxing, so he detailed his MOS, Defence, Pallam Raju to attend...India's Army Chief, Gen Deepak Kapoor was in Russia so they said, he could not come back...although heroes like Manekshaw are any day more important than any foreign trip...The Air Force and the Navy Chief, probably, getting a sense of the way the wind was blowing all skipped...An ungrateful elite of a great nation skipped the funeral of the most beloved and respected soldier of our times......It was said, subsequently, that in the rush of things, even the cursory gesture of a wreath on behalf of the President was given a miss....It was as if India was in a hurry to get it over and done with.....This will go down, perhaps forever, as a blot on our military profile ....our failure to acknowledge our own.....ent from Yahoo Mail on Android

How the Civilians Thrive at the Cost of the Defence Forces.

Isn't it a pity that the Indian Government is unable to visualise how the Civilian staff is feasting on the Defence Pensions, included in the Annual Defence Budget, which the Finance Ministry has been announcing with all the whims and fancies from year to year to impress the Indian Public. In fact they enjoy many more benefits sitting in their cosy offices, which have been often denied to the Defence Forces, just because they cannot protest or agitate like all others.

How long the Government including the Bureaucracy, would keep their eyes close to the realities of life, which the soldiers of this country face and have been subjected to through out their truncated careers.

Surprisingly the Indian Media is also reluctant to report their vows, despite the fact that the Minister for Information and Broadcasting who would have a say in this matter, is an Ex-Soldier. What a pity?

A reality View on India's Defence Budget

Most Defence personnel and experts agree with the views expressed by TR Ramaswami and would like the powers in the Government to look at the amount, the tail is eating into the defence budget. In this regard would the Army Chief ever dare to ask the MOD to trim the tail and compromise on the existing capabilities of the Defence forces?

Are Armed Forces Ready for NFU?

Harsha Kakar

There are rumours afloat that Non-Functional Upgradation (NFU) for the armed forces may be released sometime soon. It could be either on the orders of the court based on an appeal whose decision is awaited, or by the government prior to the elections, seeking to assuage the armed forces. This has been the demand from all sections of the military.

While everyone desires that NFU be made applicable for the armed forces, internally the forces would need to evaluate their systems and methodology for its implementation, to prevent legal battles and cater for their specific conditions of service as against the Group A and allied services for whom it has already been released.

The Group A services comprise of three central civil services, which are allocated to states and employed by the Centre on deputation. They are the IAS, IPS and the IFS (Indian Forest Service). All others including the IFS (Indian Foreign Service), revenue and others (44 of them) are affiliated only to the Centre which is responsible for their promotions and postings and hence are termed allied services. Traditionally, the Group A services have been senior to the allied services.

The armed forces, whose officers are ‘commissioned’, are as per government orders, higher in status and position to both the Group A and the Allied services. However, by declaring the service HQs as attached HQs from independence, they have been kept away from decision making and hence regularly degraded in status. This is a result of fears of a coup if the army is too closely involved in government. This fear has been exaggerated by the bureaucracy.

Thus, when the armed forces officers seek to demand NFU as allocated to civil services considering their pattern of affiliation to only the Centre, they would be dubbed as ‘allied services’ and not a Group A service as they are not allocated to any state. They would then become the 45th allied service, which would be permanently below the status of Group A services.

The structure of the armed forces is also at vast variance from all other services. The armed forces have a pyramidical structure while others have a near cylindrical one. Within the armed forces due to the structure, supersession comes at every rank commencing from Lt Colonel upwards while in the civil services, anyone graded above average is to be promoted, which may however be delayed due to vacancies.

NFU, within the civil services, is a grant to enhance status of employees to the level of those who have risen earlier. This remains until the individual who is awaiting promotion obtains his promotion. Very few are superseded. In a statement in May 2017, the army chief stated that there is a misconception doing the rounds that because NFU has been granted to the civil services, the status of the armed forces has been downgraded.

He added, “A letter from the government states that NFU will be a purely financial upgrade and it will not bestow any right to the officer to claim promotion or designation to a higher post.” Why has this not been implemented in letter and spirit, mainly by those organisations where army and civil counterparts work together remains a mystery.

Further, within the armed forces, promotion up to the rank of Lt Col and equivalents in other services is time bound and there is no delay in promotions; hence NFU would be valid from where supersession commences, based on promotion boards. When the above is considered in totality, it emerges that NFU when granted to the defence services must be different in nature and form. It cannot be simply duplicated.

There have been multiple cases in the past, the Ex-Servicemen Compensatory Health Service (ECHS) being a prime example, where the concept has been copied from the civilian model, in this case the Central Government Health Scheme, and implementation failed only because an in-depth study involving specific armed forces requirements had not been factored in. The same should not happen with the NFU.

When the spirit behind the NFU is assessed, a few issues would need to be resolved before it is implemented. The first is that while an officer who has been superseded would be granted an equivalent upgrade as those of his colleagues who have risen, he would not get the same privileges and status. As different from the civil services, where promotion avenues remain open, in his case they are closed. Thus, he would only be compensated financially, without change in status.

Secondly, since NFU is only a financial upgrade, it would not impact pensions, which would remain dependent on the rank at which the officer retires. This implies that an officer drawing the grade of his colleagues of a higher rank, would not obtain a pension of the same. These two key issues must be amicably resolved to enhance satisfaction and reduce litigation.

Since NFU once allotted would be common for the three services it is imperative that they evaluate its implications and evolve a common procedure for implementation. It is unlikely that the government would continue accepting changes to the model. The aim should be to enhance satisfaction to the cadre for the long term, rather than for the immediate moment. Further, its implementation should not lead to increased legal cases.

The army is presently moving forward on its own cadre review, which may be impacted as it would offset the protocol balance within the services. NFU and the cadre review would need to be considered possibly together. The ideal agency to assess, analyse and offer a viable solution for the betterment of the complete armed forces cadre is the HQ Integrated Defence Staff.

It could conduct a study with members from all services and evolve a model to benefit the system, within the legal framework, rather than end up as a disappointment. Simply copying the civilian model to implement this in a rush would only enhance dissatisfaction and anger, as service conditions are unique.

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

By the kind courtesy of

https://www.thestatesman.com/opinion/are-armed-forces-ready-for-nfu-1502667298.htm

An Appeal by Maj Gen Satbir Singh, SM (Retd) Advisor United Front of Ex Servicemen & Chairman IESM

JOINT ANDOLAN BY JAWAN KISANS AND DALITS MAHA RALLY BY EX SERVICEMEN ON 09 AUG 2018 AT JANTAR MANTAR NEW DELHI

Dear Friends,

          Deprived sections of Society have been raising their voice to get justice of their demands and for that they have been doing Andolan individually. The fact that these Sections of Society are still executing their Protest Movements, as, their grievances have not been addressed to their satisfaction.

          Towards, this:-As citizens’ protests surge, India’s Dalits, farmers, and ex-servicemen have come together, with support from other sections of the society, for demanding justice and seeking redressal for their grievances. We have come together to put forward our demands with the hope that this is a Government that is responsible to the People. We expect a responsible government to answer questions put forward by the people and fulfill their demands. With this in mind, the important individual demands of three organisations are as follows.

INDIAN EX SERVICEMEN MOVEMENT (IESM)

1. Complete OROP as per approved definition of Parliament of India.

2. Arrest Functional, Pay Parity downgradation/degradation of the Armed

Forces personnel & restore status (in the Warrant of Precedence) as existed in 1947. Abolish the AFHQ CS (Armed Forces Headquarters Civil Services).

3. Cancel the Cantonment Roads order. Implement Supreme Court order on the subject. Address the concerns raised by CAG & CGDA with respect to corruption in the Directorate General of Defence Estates (DGDE).

ALL INDIA KISAN SABHA (AIKS)

1. Minimum Support Price (MSP) for all crops at one-and-a-half times of cost of production (C2+50%) and guaranteed procurement.

2. One-time waiver of all loans of all farmers including bank loans, cooperative loans and private money lender loans.

3. Land to the landless poor, house sites for the homeless, ban on forcible acquisition of farmers’ land for corporate or corridor projects without proper compensation and rehabilitation, stringent implementation of the Forest Rights Act (FRA).

        ALL INDIA AMBEDKAR MAHASABHA (AIAM)

1. Withdrawal of all cases against Chandrashekhar, Shiv Kumar Pradhan, Sonu, Upkar Bawre and others detained under NSA and those arrested or implicated on 2nd April 2018 Bharat Bandh.

2. Restoration of SC, ST (Prevention of) Atrocities Act 1989 as it existed with its all provisions and penalties prior to the Supreme Court Judgement on 20th March 2018.

3. Establishment of Indian Judicial Service under the Article 312 of the Constitution.

In addition, all the three organisations have decided to unitedly stand up and fight for the following three vital issues:

1)       Put an end to the hate-driven mob violence and lynching plaguing the country. Fast-track the arrest and prosecution of those responsible for murders and those backing them in an exemplary manner.

2)      Revive and vote into law the Women’s Reservation Bill guaranteeing 33% reservation for Women in the Lok Sabha as well as state assemblies– within the term of the current (16th) Lok Sabha.

3)      Scrap The Aadhaar, which has wreaked havoc with welfare schemes by widening exclusion, compromised civil liberties by creating new forms of discrimination, and made real the threat of a surveillance state.

Henceforth the above three organisations, representing three critical segments of our society, will work in tandem and in a symbiotic manner with mutual respect & augment strengths on the ground. ‘Calls for Action’ will be actively supported by our constituents.

Action Calls in August

09 August 2018: BJP Quit India & Jail Bharo across 400 districts. Call given by All India Kisan Sabha.

09 August 2018: Bharat Bandh. Call given by All India Ambedkar Mahasabha

All rallies & protests will be synchronized actions where the three constituents (Dalit, Kisan and Jawan) will mobilise people across the country towards redressal of their demands.

       Action by Ex Servicemen:

·         Our Conveners are requested to liaison with local leaders of Formers and Dalits and support their demands by attending their Dharnas, Rallies as per their local Conditions.

 ·         Ex Servicemen Rally will be held at Jantar Mantar New Delhi on 09^th Aug 2018 from 11AM to 3 PM.

·         ESM, members of our families and our supporters are requested to attend the Rally in large numbers to showcase solidarity to the Cause of Soldiers.

Part reimbursement of transportation expenses/rail fair as hither to will be made to the  ESM  attending the Rally  as under :-

Own vehicle upto 200 Km, 4-5 persons – Rs 500 per vehicle.

Own Vehicle beyond 200 Km - Rs 750 per vehicle.

Own Vehicle upto 200 Km, 8-10 persons – Rs 750 per vehicle.

Own Vehicle beyond 200 Km, 8-10 persons – Rs 1000 per vehicle.

By Bus – One side fare subject to 2^nd class normal train fare.

By Train - One side 2^nd class fare.

  

All concern are requested to give wide publicity to the above action/activities and motivate people to take part in the joint Andolan By Jawan, Kisan And Dalits across India.

          Maximum participation is requested at our ESM Maha Rally at Jantar Mantar, New Delhi on 09 Aug 2018 from 11AM to 3PM.

One Rank One Pension: Govt says No to Annual Revision of Pensionery Benefits

The Central government on Friday told the Supreme Court that it will not revise the formula for One Rank-One Pension (OROP) scheme nor would it bring down the timeline for periodical revision of the pensionary benefits for retired armed forces personnel.

The ASG sought dismissal of the petition by Indian Ex-servicemen Movement also on the ground that there is a limited scope of reviewing a policy decision.

For details read - http://www.india.com/business/one-rank-one-pension-latest-news-no-change-in-orop-policy-government-says-to-supreme-court-3189967/

The Central government on Friday told the Supreme Court that it will not revise the formula for One Rank-One Pension (OROP) scheme nor would it bring down the timeline for periodical revision of the pensionary benefits for retired armed forces personnel.

Appearing before a bench headed by Chief Justice of India Dipak Misra, Additional Solicitor General Maninder Singh made the government's stand clear in response to a PIL.

"We will not revise the OROP formula. The government has already gone out of its way," Singh submitted.

The law officer added that whatever has to be decided by the government has already been done.

"More than Rs 10, 000 crore has been sanctioned after much deliberation. This has huge ramifications on the exchequer and any interference would further burden us," Singh told the Court.

The ASG sought dismissal of the petition by Indian Ex-servicemen Movement also on the ground that there is a limited scope of reviewing a policy decision.

"This petition is not maintainable because it seeks to challenge a policy decision," said Singh.

Representing the petitioner, senior advocate Vivek Tankha replied that he is ready to argue on both maintainability and merits of his plea.

The Court then asked Singh to file a formal affidavit in reply to the petition and fixed the matter for hearing after four weeks.

The Indian Ex-servicemen Movement (IESM) and others have challenged the government’s policy of periodic review of pension once in five years.

It has sought a direction for the government to implement OROP as recommended by the Koshyari Committee with an automatic annual revision, instead of the current policy of periodic review once in five years.

“OROP is the uniform desire of all three defence services. Ex-servicemen are presently drawing pension that is not consistent with their rank and/or length of service... the pension of past pensioners be automatically and contemporaneously enhanced, whenever there is any future increase or enhancement in the rates of pension,” said the petition.

It added the government should be directed to fix the pension on the basis of highest pension of financial year 2014-15 and not 2013.

A video by IESM released thereafter can be seen at: 

 VID-20180727-WA0172.mp4

Status Downgradation Of Armed Forces

Dear Veterans,

A Letter written to Hon’ble Raksha Mantri   and three chiefs by Maj Gen Satbir Singh, SM (Retd) Advisor United Front of Ex Servicemen

& Chairman Indian Ex-Servicemen Movement (IESM)  on the above subject is given below herewith for your information and widest circulation please.

                                                             Dated 27 Jun 2018

To

Smt  Nirmala   Sitharaman     
Hon’ble Raksha Mantri                                                                                 

104, South Block, New Delhi-110011

STATUS DOWNGRADATION OF ARMED FORCES

Dear Raksha Mantri,

With concern, we wish to bring to your notice the systematic and continuous downgradation of Defence Forces and request the Hon’ble Raksha Mantri to seriously address this issue to ensure, the most suitable youth is attracted to the noble profession of Arms.

It is brought to your notice that there has been deliberate down gradation of status of Armed Forces- Functionally as well with respect of Pay Parity.

Functional Downgradation.

Armed Forces Officers have always been equated with All India Services Officers, as documented in Warrant of Precedence (WoP), Post War Pay Committee Report & Raghuramiah Committee Report.  JCOs have been accorded Gazetted Officers status by an Act of Parliament vide Section 3 (xii) of Army Act 1950. Senior NCOs always carried the status of Non Gazetted Officers. However, MoD has started equating JCOs with Non Gazetted/ Gp C employees & Sr NCOs with even lower level employees. Lts & Capts are being equated with Gp B Offrs, Lt Cols with Dy Dir/ Under Secys (lowest Gp A designation), Cols with Jt Dir/ Dy Secys (2^nd Gp A designation) & Brigs with Directors (3^rd Gp A designation). This issue of Degradation of Military ranks is being actively pursued by AFHQ CS Cadre, which is a Gp B internal support cadre of Services HQ, in their quest for comparative up gradation of their own cadre designations.

A number of letters on these degraded equations have been issued by CAO/ MoD/ Cabinet Sectt during last over 20 years. Though RM had ordered for cancellation of one such letter during Jan 2018, but host of other letters remain in force. These equations are now slowly & slowly being put into effect on ground in all functional aspects in Services HQ, ISOs, MoD & on Deputations in other Deptts/ Ministries, including Channel of Reporting, Protocols & various Entitlements.

Also, presently Armed Forces have almost no say in decision making in their own Ministry. Even files endorsed by Chiefs are being subjected to scrutiny by lower bureaucracy. Decision making in MoD is being directly influenced by lower level civil bureaucrats who have aggressively started competing for status & service privileges applicable to uniformed personnel, thereby actively attempting to downgrade & degrade the Armed Forces.

Pay Parity Downgradation.

Till 5 CPC, Brigs were placed in SAG II equivalent Pay Scales, Lt Cols in Director’s Pay Scales & 2/Lts had their starting Pay Scale higher than IAS Officers. The JCOs were in Pay Scales

equivalent to Gp B Gazetted Officers, while Sr NCOs were in Gp B Non Gazetted Pay Scales. Today the old established Pay Parity is almost bordering two  Rank Downgradation. Presently Maj Gens are in Level 14 while Police ADGs have moved to Level 15; Cols are in Pay Level 13, applicable to NFSG Directors; Subedars are placed in Level 7, which is applicable to Non Gazetted employees & Nb Subs are Level 6, which is even lower than Non Gazetted. Havildars are in further   lower Pay Levels. This is the very reason the JCOs are not being given higher MSP, NFU is being refused to Officers & lateral absorption is not working out.

Way Forward.

           

 In Dec 2008, PMO had directed for setting up of High Powered Committee (HPC) for resolving Status & Rank Equivalence issue. However, same has not been done till date. While Anomalies Committee was set up by Govt immediately after 7 CPC for resolving Pay Anomalies of Civilian employees, including Defence Civilians, no such Committee has been set up for resolving Defence Pay Anomalies till date. It is therefore imperative that:-

(a)    There is immediate need to arrest the downgradation and restore the status which existed as on 15 Aug 1947.  This be completed in a given schedule at the earliest say by 31 Dec 2018.

(b)  HPC consisting of Parliamentarians be set up by Govt for establishing one to one Rank equivalence with All India Services within three months ie by 30 Sep 2018.

(c)    Separate HPC consisting of Parliamentarians be also set up for resolving outstanding Pay Anomalies of Defence personnel by 30 Sep 2018.

(d)    MoD be restructured to include adequate representation from Armed Forces for balanced & synergised decision making earliest.

(e)      AFHQ Cadre in Services HQ & ISOs be replaced by employing ESM & non-empanelled Offrs, thereby bringing considerable savings to the Govt.

            It is against all principles of management that decisions on Armed Forces are being taken by civilian executives who do not understand the ethos and comraderie of Armed Forces. The main driving force of the armed forces is its discipline and the fact that a soldier dashes into to volley of bullets and sure death on orders of his commander are very complex issues, beyond comprehension of a person who is not involved in these issues. Decisions taken by individuals who do not understand these issues and emotions will be void of reality and will never be for raising morale of Armed Forces. Request of Armed Forces to include their representatives in decision making has always been brushed aside on the pretext that Armed Forces HQs are always consulted for any decision. Whereas we all know that that is not the truth and Armed Forces HQs are only given orders to implement whether they like it or not.

            With regards,

                                                            
Yours Sincerely,

Maj Gen Satbir Singh, SM

(Retd)                                                                                                                          Advisor United Front of Ex Servicemen

& Chairman Indian Ex-Servicemen Movement

(IESM)                                                                                                                

Mobile: 9312404269, 01244110570                                                                                                  

Email:satbirsm@gmail.com   

                                                                                                          

Copy to :-

General Bipin Rawat,  UYSM, AVSM, YSM, SM, VSM Chief of the Army Staff                                        Integrated HQs of Ministry of Defence (Army) South Block, New Delhi-110011	You are requested to take up this important issue jointly to restore the status of Defence Forces as suggested above.
Air Chief Marshal BS Dhanoa ,PVSM AVSM YSM VM ADC Chief of the Air Staff  Integrated HQs of Ministry of Defence (Air Force) Vayu Bhawan, New Delhi 110011	Our request as above.
Admiral Sunil Lanba ,PVSM, AVSM, ADC                                          Chief of the Naval Staff  & Chairman Chiefs of Staffs Committee (CoSC) Integrated HQs of Ministry of Defence (Navy)  South Block, New Delhi -110011	Our request as above.

Tinkering with tribunals will make them useless

Harsha Kakar

The Armed Forces Tribunal (AFT) was established as a military tribunal under the Armed Forces Tribunal Act in 2007. This was based on the Law Commission’s 169th report of 1999, which stated that disciplinary and service matters of military personnel required quick resolution and proposed a special tribunal for para-military and armed forces. The act was steered through Parliament by the defence ministry, leaving the para-military, Assam Rifles and Coast Guard out of its purview.

The principal bench of the AFT is based in Delhi and it has regional benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur. Except for Chandigarh and Lucknow, which have three benches each, all others have a single bench. Each bench comprises of a judicial member, who is a retired high court judge, and an administrative member, who is a retired member of the armed forces.

In a democracy, the judiciary by nature is lenient. However, the armed forces because of their role and tasks must follow a disciplined structure, without which they would fail. Hence, the armed forces are governed by their respective acts and rules which are the Army Act of 1950, Air Force Act of 1950, the Navy Act of 1957 and the Defence Services Regulations. Disciplinary punishments, granted under respective acts, are periodically challenged in AFTs. Unless the circumstances and specific regulations are clarified to the judge, leniency in judgement would impact military discipline.

Further, vagaries and conditions of service are vastly different from any Central government organization. Hence AFTs have been liberal in approving disability pensions, which an unrelenting bureaucracy challenges in the Supreme Court to no avail. To advice the judicial member on service-specific issues and apprise him of the conditions of service, an administrative member with decades of service experience is appointed.

Till June 2017, the AFTs functioned at near full strength and was effective. After the government issued unilateral notifications incorporating changes in its composition and functioning, presently under challenge in the Supreme Court, there has been no induction of fresh members, resulting in almost non-functional courts. Thus, the very reason for creating the AFT, speedy disposal of cases pertaining to the members of the armed forces, has been lost.

On 1 June 2017, the government amended the AFT Act, amongst 19 other existing laws, enhancing its powers pertaining to the appointment and removal of members of various tribunals. Amongst the major changes which affect the functioning of the AFT is the appointment of the administrative member.

The earlier rules had stated that the administrative member could be retired major generals and above. However, the new rules state any person, ‘of ability, integrity and standing having special knowledge of, and professional experience of not less than 20 years’ in multiple fields not connected with the armed forces but ‘in the opinion of the government is useful to the AFT’ could be appointed. Thus, knowledge of service conditions and military law is not essential, making such appointments redundant. It opens doors for appointing IAS and other Central government service members, who lack even basic military knowledge.

The chairperson of the AFT was appointed by the president, hence was difficult for the government to remove. The changed rules state that he would be appointed by the government in consultation with the chief justice, thereby denuding his appointment. Earlier rules stated only a retired High Court or Supreme Court judge could be the chairperson, whereas the amended rules state ‘any person who is qualified to be a judge of the Supreme Court’ could be appointed. Thus, an advocate with ten years’ experience can be nominated as a chairperson.

The appointment of the judicial and administrative members was amended so that they would be appointed by a search-cum-selection-committee which would comprise a Supreme Court judge, chairperson of AFT (appointed by the government), defence secretary and another member of the executive. Thus, majority power would be with the executive. The Supreme Court has disagreed stating it cannot be tilted towards the executive.

The new rules place the AFTs under the defence ministry, whereas earlier based on Supreme Court directions, they were placed under the law ministry. The power to remove members has also been diluted and the MoD can constitute a committee to recommend removal. These powers were earlier with the Supreme Court.

The new rules have reduced tenure of members from five to three years. It appears, when linked up with the other amendments, aimed at opening doors for ex-secretaries of the government, who retire at 62, to be nominated to the AFT, for which they would otherwise have been barred.

These amendments, which would alter the functioning of the AFT and make it useless for the task for which it was created, angered many veterans who practice in AFTs and they approached the Supreme Court. The court’s final determination is likely in July.

The bureaucracy, worried about a possible court rebuff, advertised for vacant posts based on its amended rules. It is now seeking the court’s permission to go ahead with the selection. If it succeeds, the AFTs would become just another example of the government’s apathy to serving and veteran military personnel.

A fallout of the case has been that unless court orders are finally issued, no fresh appointments can be made. Hence most AFTs are either non-functional or those with multiple benches have just one functional bench. This has impacted clearance of cases.

The sole reason for creating the AFT is now being lost. The government which has denied the forces various facilities is now seeking to make the AFTs redundant. It will require a concerted effort by all who support the military to pressurise the government against making a mockery of an institution created to speed up justice.

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

By the kind courtesy of

https://www.thestatesman.com/opinion/tinkering-tribunals-will-make-useless-1502639042.html