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Kuniya Institute of IAS Examination

Mains – 26th Nov 23

The Inter-Services Organisations (Command, Control and Discipline) Bill 2023

Why in News?

  • The Standing Committee on Defence (headed by Jual Oram) has agreed to all provisions of the Inter-Services Organisations (Command, Control and Discipline) Bill, 2023, saying it must be passed without any amendment.
  • The 39th Report (17th Lok Sabha) of the committee on the bill was presented to Lok Sabha and also laid in Rajya Sabha.

What’s in Today’s Article?

  • Background in which the Bill was Introduced
  • Key Features of the Inter-Services Organisations (Command, Control and Discipline) Bill 2023
  • Recommendations of the Standing Committee
  • Reasons given by the Committee for Agreeing with the Bill

Background in which the Bill was Introduced:

  • Currently, personnel of the Army, Navy and Air Force are governed in accordance with the provisions contained in their specific governing or regulatory Service Acts– the Army Act 1950, the Navy Act 1957, and the Air Force Act 1950.
  • At the time of enactment of these respective Acts, most of the service organisations were largely composed of personnel from a single service.
  • However, now there are numerous inter-services organisationsand joint training establishments, where personnel of the armed forces and other forces serve together.
  • Currently, the commander-in-chief or officer-in-command of the inter-services organisations is not empowered to exercise disciplinary/administrative powersover the personnel belonging to other services.
  • Accordingly, the officers serving in these organisations need to be reverted to their respective parent service units for exercising any disciplinary or administrative action.
  • In view of the above, the Ministry of Defencehad introduced the Bill in Lok Sabha (in March 2023) and it was referred to the Standing Committee on Defence by the Speaker (in April 2023) for examination and report.
  • The Bill seeks to empower the commander-in-chief and officer-in-commandof inter-services organisations with all disciplinary and administrative powers in respect of personnel serving in or attached to such organisations/establishments.

Key Features of the Inter-Services Organisations (Command, Control and Discipline) Bill 2023:

  • Inter-services Organisation:
    • Existing Inter-services Organisations will be deemed to have been constituted under the Bill. These include –
      • The Andaman and Nicobar Command,
      • The Defence Space Agency, and
      • The National Defence Academy.
    • The central government may constitute a Joint Services Command, which may be placed under the command of a Commander-in-Chief.
  • Control of Inter-services Organisations:The Bill empowers the Commander-in-Chief/ Officer-in-Command of an Inter-services Organisation to exercise command and control over the personnel serving in or attached to it.
    • The superintendenceof an Inter-services Organisation will be vested in the central government.
  • Other forces under central government:The central government may notify any force raised and maintained in India to which the Bill will apply. This would be in addition to army, navy, and air force personnel.
  • Commander-in-Chief: The officers eligible to be appointed as the Commander-in-Chief or Officer-in-Command are:
    • a General Officer of the regular Army (above the rank of Brigadier),
    • a Flag Officer of the Navy (rank of Admiral of the Fleet, Admiral, Vice-Admiral, or Rear-Admiral), or
    • an Air Officer of the Air Force (above the rank of group captain).
  • Commanding Officer:The Bill provides for a Commanding Officer who will be in command of a unit, ship, or establishment.
    • The officer will also perform duties assigned by the Commander-in-Chief or Officer-in-Command of the Inter-services Organisation.
    • The Commanding Officer will be empowered to initiate all disciplinary or administrative actionsover the personnel appointed, deputed, posted, or attached to that Inter-services Organisation. 

Recommendations of the Standing Committee:

  • The committee recommends that the bill be passed without any amendments, enacted as a statute and the committee’s observations/recommendation be considered.
  • The bill will essentially be an enabling legislation, which will empower the heads of the inter-services organisations to exercise effectivecommand, control and discipline, without amending the respective Acts.
  • Service personnel when serving in or attached to an inter-services organisation will continue to be governed by their respective Service Acts.

Reasons given by the Committee for Agreeing with the Bill:

  • The committee believe that enactment of the Bill will have various tangible benefitssuch as –
    • Maintenance of effective discipline and efficiencyin Inter-services establishments by the Heads of Inter-Services Organisations,
    • Abolition of the system of reverting personnel under disciplinary proceedings to their parent Service units,
    • Expeditious disposal of casesof indiscipline,
    • Saving government expensesand time by avoiding multiple proceedings, etc.

 

 

Terrorism

Why in news?

India recently called to eliminate terrorism and hold those who aid it accountable.

 

Terrorism

Terrorism is a forceful and unlawful method to achieve the desired goal and affects almost every sphere of human life, be it economic, political, or social. In broad sense, terrorism is the antithesis of independence, rendering it meaningless.

 

There is no internationally agreed definition of the term terrorism.

Factors leading to terrorism

  • Radical ideologies (Extreme right or left/ religious fanatism), often driven by religious or political beliefs, can motivate individuals to engage in terrorism.
  • Aspirations for self-determination.
  • Using terrorism as a tool for foreign policy.
  • Weak state

 

Global initiatives to counter terrorism

  • Global Counterterrorism Forum (GCTF): GCTF (India is a member) is an informal, apolitical, multilateral platform that facilitates open discussions among stakeholders, bringing together experts and practitioners from across the world’s regions.
  • United Nations Global Counter-Terrorism Strategy (GCTS): Adopted in the form of a General Assembly resolution in 2006, it is a unique global instrument that aims to enhance national, regional and international efforts to counter terrorism. It consists of four pillars.
  • UNSC Counter-Terrorism Committee (CTC): It is tasked with monitoring implementation of resolution 1373 (2001). The resolution requested countries to implement measures to enhance ability to counter terrorist activities at home, in their regions and around the world.
  • United Nations Countering Terrorist Travel Programme: It is a flagship global initiative of the United Nations Office of Counterterrorism (UNOCT) that assists Member States in building their capabilities to detect and counter terrorists. This is achieved by using international databases, like INTERPOL databases.
  • SCO Regional Anti-Terrorist Structure (RATS): It develops and strengthens cooperation with international and regional organizations to consolidate efforts towards counter terrorism, separatism and extremism.
  • Financial Action Task Force (FATF): It is the international standard-setter for Anti-Money Laundering and Countering the Financing of Terrorism to build and implement international standards in this regard.
  • Global Terrorism index (GTI): Produced by the Institute for Economics & Peace (IEP), it is a comprehensive study analysing the impact of terrorism to better understand and guide required policy responses.
  • Comprehensive Convention on International Terrorism (CCIT): It intends to criminalise all forms of international terrorism, denial of safe havens, access to funds, and arms to terrorists and the financiers of terrorism.

 

India’s Efforts

  • Unlawful Activities (Prevention) Act, 1967, provides for the more effective prevention of certain unlawful activities of individuals and associations.
  • Establishment of National Investigation Agency (NIA) which is functioning as Central Counter Terrorism Law Enforcement Agency in country.
  • National Intelligence Grid or NATGRID that aims to provide a “cutting-edge technology to enhance India’s counter-terror capabilities.
  • Creation of two new divisions (Counterterrorism and Counter-Radicalisation Division and Cyber and Security division) in Ministry of Home affairs to give focused attention to the issues relating to terrorism, counter radicalization, cyber security etc.