Inter-Services Organisations (Command, Control & Discipline) Act Notified
Context:
The Inter-Services Organisations (Command, Control & Discipline) Act has been officially notified through a Gazette Notification.
Relevance:
GS-02 (Government policies and interventions)
Details:
- Enforcement Date: The Act came into effect on May 10, 2024.
- Legislative Journey: The bill was passed by both Houses of Parliament during the Monsoon Session of 2023 and received presidential assent on August 15, 2023.
- Empowerment of Commanders: The Act grants Commanders-in-Chief and Officers-in-Command of Inter-Services Organisations (ISOs) the authority to exercise control over service personnel under their command. This is aimed at maintaining effective discipline and administration without altering the unique conditions of each service.
- Benefits: The Act is designed to empower the leaders of ISOs, enabling quicker case resolutions, avoiding multiple proceedings, and fostering greater integration and cooperation among Armed Forces personnel.
Background:
- Currently, the Armed Forces operate under distinct legislative frameworks: the Army Act of 1950, the Navy Act of 1957, and the Air Force Act of 1950. This diversity has sometimes created challenges in ensuring uniform discipline, coordination, and swift proceedings across inter-service establishments.
- The Inter-Services Organisation (Command, Control, & Discipline) Bill of 2023 addresses these issues with its forward-looking provisions. Importantly, the ISO Bill 2023 does not propose any changes to the existing Service Acts, Rules, or Regulations that have withstood decades of judicial scrutiny.
Salient Features:
- Applicability: The bill applies to all regular personnel of the Army, Navy, and Air Force. Additionally, the central government has the authority to designate any force established and maintained within India to which the bill’s provisions will apply.
- Inter-services Organisation: Existing Inter-services Organisations, such as the Andaman and Nicobar Command, the Defence Space Agency, and the National Defence Academy, will be deemed constituted under this Bill. Furthermore, the central government may establish new Inter-services Organisations comprising personnel from at least two of the three services: the Army, Navy, and Air Force.
- Expanded Command and Control Authority: A key feature of the bill is the expansion of command and control authority granted to the Commander-in-Chief or Officer-in-Command of an Inter-services Organisation. Unlike the current structure, where these officers do not have disciplinary and administrative powers over personnel from other services, the bill authorizes them to exercise full command and control. This includes maintaining discipline and ensuring the proper execution of duties by service personnel.
- Commanding Officer: The bill introduces the role of a Commanding Officer, responsible for overseeing a unit, ship, or establishment. In addition to their unit-specific duties, this officer is tasked with carrying out assignments given by the Commander-in-Chief or Officer-in-Command of the Inter-services Organisation.
- Central Government Authority: The supervision of an Inter-services Organisation will be vested in the central government, which may issue directives to these organizations on the grounds of national security, general administration, or public interest.
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