BW Explains: The Inter-Services Organisations (Command, Control & Discipline) Bill 2023

Last month, the government presented a Bill that seeks to provide selected defence heads of inter-services groups with administrative and disciplinary powers over all soldiers working in or connected to the command. ‘The Inter-Services Organisations (Command, Control and Discipline) Bill, 2023’ was introduced in the Lok Sabha by Minister of State for Defence Ajay Bhatt during the Budget Session.

Soldiers from the Army, Air Force and Navy serve in inter-services organisations such as the National Defence Academy, National Defence College (NDC), Defence Services Staff College (DSSC) and the Andaman and Nicobar Command (ANC).

What is the need for a new law?

Currently, armed forces personnel are governed by the terms of three independent laws — the Air Force Act of 1950, the Army Act of 1950 and the Navy Act of 1957. Only an officer of the same service has disciplinary authority over those subject to the respective Act. This directly impacts command, control and discipline in inter-service groups.

Because the commander-in-chief of a joint services command and the officer-in-command of any other inter-services organisation lack disciplinary authority, anyone accused of a crime must be returned to the parent service unit for disciplinary or administrative action.

For example, if an Air Force officer commits an infringement at the Defence Services Staff College, the Academy Commandant, a three-star level officer of the Indian Army, is powerless to take action against that person. Instead, the officer is returned to their parent Air Force unit and action, if any, will be taken in accordance with the Air Force Act of 1950.

The current framework is time-consuming and incurs financial costs to relocate workers. When disciplinary or administrative processes arise from the same set of facts and circumstances but involve workers from separate services, the proceedings become even more complicated.  “As a result, multiple sets of proceedings under the respective Service Acts are required to be initiated, which impedes expeditious disposal of cases, thereby affecting the standard of discipline,” according to the proposed Bill.

The proposed legislation aims to eliminate these hurdles in order to maintain discipline and expedite case disposition, which will save time and public money “without disturbing the unique service conditions or amending the service Acts.”

What are Bill's main provisions?

1. While existing inter-services organisations will be presumed to be formed under the Bill, the proposed legislation will empower the central government to establish an inter-services organisation through notification. This can include a joint services command — a fundamental aspect of the armed forces 'theaterisation' plan — comprised of units and troops drawn from the three armed forces and personnel from other forces attached to such a body. The head will be the commander-in-chief or the officer-in-command.

2. The Central Government will be in charge of the inter-services organisation and it “shall have the power to issue directions to each of such organisations, on any matters concerning national security or general administration, if it considers it necessary and expedient to do so in the public interest.”

3. The commander-in-chief, the officer-in-command or any other official explicitly empowered by the central government will have all disciplinary and administrative authorities over individuals serving or connected to an existing or prospective inter-services organisation.

4. Personnel shall continue to be controlled by their respective service Acts when serving in or attached to an inter-services organisation.

5. The Centre may notify any force or portion of a force that has been raised and maintained in India under the authority of the Government that the Bill will apply to.

The government anticipates that the legislation will pave the way for “tangible benefits” such as expedited case disposition, time and public money savings by avoiding multiple hearings and improved integration among armed forces personnel.

What impact will it have on the tri-services 'theaterisation' plan?

The Interservice Organisations (Command, Control and Discipline) Bill's introduction in Parliament coincides with discussions on the theatre command system, which aims to integrate the capabilities of the three services. According to the government-mandated plan, each theatre command will comprise units from the Army, Navy and Air Force. Under an operational commander, all of the units will function as a unified body to address security concerns in a certain geographical territory.

Once implemented, the Bill has the potential to improve the management of theatre commands. However, the disparity in the norms of the service Acts when it comes to justice delivery for the same offence can be cause for concern.