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"Unified in defense, fortified as a nation": The ISO Bill-2023 passed in Lok Sabha, a historic milestone, fostering unity among Army, Navy & Air Force, fortifying our national defense, and propelling India onto a future of collaborative military strategy

“The bill empowers the Central government to constitute an Inter-Services Organisation,” said the Ministry, highlighting the principal features of the legislation
 |  Satyaagrah  |  Defence
Lok Sabha passes Inter-Services Organisation (Command, Control & Discipline) Bill – 2023
Lok Sabha passes Inter-Services Organisation (Command, Control & Discipline) Bill – 2023

"Unified in defense, fortified as a nation": The ISO Bill-2023 passed in Lok Sabha, a historic milestone, fostering unity among Army, Navy & Air Force, fortifying our national defense, and propelling India onto a future of collaborative military strategy

A historic day unfolded at the Lok Sabha on August 4th when it approved the highly anticipated Inter-Services Organisation (Command, Control and Discipline) Bill, 2023. This piece of legislation seeks to empower the Commander-in-Chief and the Officer-in Command of Inter-Services Organisations (ISOs), extending them full disciplinary and administrative authority over personnel serving in or attached to these organisations, as indicated by a statement from the Defence Ministry.

This noteworthy decision comes as a response to the growing momentum for the proposed restructuring of the Indian military into an integrated framework known as theatre commands. This restructuring aims to facilitate smoother cooperation between different branches of the military, and this bill is seen as a crucial step towards realizing that aim.

Defence Minister Rajnath Singh, during the introduction of the bill in the Lok Sabha, characterised it as an essential piece of the series of military reforms that the government is initiating with a clear and ambitious goal – to empower the nation. He depicted the bill as a critical leap towards fostering unity and cooperation amongst the armed forces, enabling them to confront future challenges in a more consolidated manner.

“The bill empowers the Central government to constitute an Inter-Services Organisation,” said the Ministry, highlighting the principal features of the legislation. This move is seen as a precursor to the wider military reorganisation into integrated theatre commands, for which there is now broad consensus regarding the creation of two land-based integrated commands and one maritime theatre command.

As of now, personnel serving in the armed forces are guided by the provisions contained in their respective Service Acts — The Army Act, 1950; The Navy Act, 1957; and The Air Force Act, 1950. However, with the enactment of this new bill, the current regime would undergo several changes offering numerous benefits.

For instance, the new legislation would ensure the maintenance of effective discipline within inter-services establishments by ISO heads. There would no longer be a requirement to revert personnel undergoing disciplinary proceedings to their original Service units. This change is expected to lead to more rapid resolution of cases related to misdemeanours or indiscipline. Additionally, it would result in considerable public money and time savings by avoiding multiple proceedings.

The bill was initially introduced to the Lok Sabha on March 15, 2023, and then was forwarded to the Standing Committee on Defence by the Speaker on April 24, for a thorough examination and detailed report. The committee then had the oral evidence from the representatives of the Ministry of Defence on the Bill on May 29, 2023. Following this, the draft report was deliberated upon and eventually adopted by the Standing Committee on July 20, 2023.

Labelled as the ‘ISO Bill-2023’, this legislation is fundamentally an ‘enabling Act’. It does not suggest any alterations in the current Service Acts/Rules/Regulations, which have been tried and tested over the past six decades and have withstood judicial scrutiny.

The Ministry further commented that the bill is expected to pave the way for heightened integration and unity among the three services, laying a sturdy foundation for the creation of Joint Structures in the future, which would augment the functioning of the armed forces.

Elaborating on the key aspects of the Bill, the Ministry stated that the ‘ISO Bill-2023’ would be applicable to all personnel of the regular Army, Navy, and Air force. In addition, it would be applicable to personnel from other forces, as identified by the Central government, who are serving in or attached to an Inter-Services Organisation.

In an ambitious move towards high-level military reforms, the role of Chief of Defence Staff (CDS) was established in 2019. This was done to ensure the “jointness” of the three services in various areas like operations, logistics, transport, training, support services, communications, repairs, and maintenance. The principal task for the CDS is the proposed reorganisation of the armed forces into integrated theatre commands. The endeavour had been delayed due to a lack of consensus among the Services and was further stalled by the unfortunate demise of the 1st CDS General Bipin Rawat. However, with General Anil Chauhan stepping up as the second CDS, the halted process was revived and is currently in advanced stages.

With this historic decision, the Lok Sabha has reaffirmed its commitment towards military reform and strategic integration. This new bill is viewed as an instrument that could strengthen the unity among the armed forces, while also saving considerable public resources, a move that is in line with the broader aim of an empowered nation.

As Defence Minister Rajnath Singh noted, the bill is a crucial component of a series of military reforms being undertaken by the Government, led by Prime Minister Narendra Modi. This overarching aim is to empower the nation and equip it with a consolidated and integrated armed force that is better prepared to tackle future challenges. It is indeed a significant and proud day for India, marking a decisive step in its journey towards greater military integration and effective functioning of the Armed Forces.

Salient Features

The 'Inter-Services Organisation Bill - 2023', is a monumental piece of legislation that seeks to create a bridge of unity and cooperation among the pillars of our nation's defence - the Army, Navy, and Air Force. The Bill, in essence, aims to extend its applicability to all personnel of the regular forces, including the Army, Navy, and Air Force. Additionally, the Bill also considers personnel from other forces as announced by the Central Government who are either serving in or associated with an Inter-Services Organisation.

As you delve into the contents of the Bill, you find that its purpose is not just to enable cooperation but also to institute a new layer of leadership and administrative authority. The Bill invests the Commander-in-Chief, Officer-in-Command, or any other officer specifically authorized by the Central Government with disciplinary and administrative powers. These powers apply to all personnel serving or associated with their respective Inter-Services Organisations. This provision is significant as it ensures discipline and appropriate discharge of duties regardless of the specific service to which these personnel belong.

The appointed leaders, namely the Commander-in-Chief or Officer-in-Command, are high-ranking officials. They can be a General Officer from the Army, a Flag Officer from the Navy, or an Air Officer from the Air Force. Their role is to supervise the Inter-Services Organisation and ensure the smooth operation of this novel venture.

In the unexpected absence of the Commander-in-Chief or the Officer-in-Command, the Bill allows for a system of succession. It empowers the officiating incumbent or the next officer in line to initiate all disciplinary or administrative actions over the service personnel. This critical feature ensures continuity of leadership and command without any interruption, thereby ensuring seamless operations and maintenance of discipline in the organisations.

Another interesting aspect of this Bill is that it provides the Central Government the authority to constitute an Inter-Services Organisation. This implies that the Central Government has the power to unite different military sectors under a common organization. The Bill is essentially an Enabling Act, meaning it is legislation that grants someone the power to take action, in this case, the Central Government.

One of the admirable features of the 'ISO Bill-2023' is that it respects the existing Service Acts/Rules/Regulations. These have been functioning efficiently for over six decades and have consistently withstood judicial scrutiny. Therefore, service personnel serving in or associated with an Inter-Services Organisation will continue to be governed by their respective Service Acts. What the Bill does is allow the Heads of Inter-Services Organisations to execute all the disciplinary and administrative powers as per the existing Service Acts/Rules/Regulations, irrespective of their service of origin.

Now, let's look at the Inter-Services Organisations (Command, Control and Discipline) Bill, 2023, in a little more detail. This pivotal Bill was introduced in the Lok Sabha on March 15, 2023. Its primary goal is to enable the Commander-in-Chief or Officer-in-Command of Inter-Services Organisations to exert disciplinary or administrative control over the service personnel under their command, without bias of their service.

As per the Bill, existing Inter-Services Organisations, such as the Andaman and Nicobar Command, the Defence Space Agency, and the National Defence Academy, are recognized as being constituted under the Bill. Further, it provides for the central government to constitute an Inter-Services Organisation that includes personnel from at least two of the three services - the Army, the Navy, and the Air Force. The individuals in these organizations could be placed under the command of an Officer-in-Command.

The legislation also allows for the establishment of a Joint Services Command, which could be under the supervision of a Commander-in-Chief. As per the provisions of the Bill, the Commander-in-Chief or Officer-in-Command of an Inter-Services Organisation is responsible for maintaining discipline and ensuring proper discharge of duties by the service personnel.

Moreover, the Bill also provides for the Central Government's notification of any force raised and maintained in India, in addition to Army, Navy, and Air Force personnel, to which the Bill will apply. Thus, it covers a broad range of defence personnel, ensuring uniformity in the application of rules and regulations.

In terms of leadership, the Bill outlines the officers who are eligible to be appointed as the Commander-in-Chief or Officer-in-Command. These are high-ranking officers, such as 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).

Furthermore, 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 actions over the personnel appointed, deputed, posted, or attached to that Inter-Services Organisation.

In conclusion, the ISO Bill-2023 is a significant stride towards a united, integrated, and more efficient defence structure for our nation. It signifies a more collaborative and cohesive future for our armed forces, as they stand together in the face of adversities, guarding our nation's sovereignty. This new legislation, with its prudent provisions, not only instils a sense of pride and nationalism in our hearts but also reassures us of our defence forces' preparedness and adaptability in times of evolving challenges.

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