In the interest of a fitter, agile armed force: What Delhi HC said on Agnipath scheme

The court while dealing with petitions questioning the Agnipath scheme also went into the question of the scope of the judiciary when it came to policy matters

The Delhi High Court on Monday said that the Agnipath scheme was made in national interest to ensure that the armed forces are better equipped.

A Bench comprising, Chief Justice Satish Chandra Sharma and Justice Subramoium Prasad while referring to the skirmishes on the borders said that such transgressions exacerbate the need to have a leaner and fitter Armed Force which is capable of handling the mental and physical distress accompanies service in the Armed Forces.

Rather than focusing on the 'alleged political motives,' it is necessary to focus on the benefits being provided by the scheme the court said while calling Agnipath a well-thought out policy decision by the Union Government.

The Bench also said that policy decisions, particularly those which have wide-ranging implications on the nation's security and health, should be decided by bodies which are best suited to do so.

"It appears that the Government has been considering, for a long time, the possibility of creating an Armed Forces which consists of more youthful, agile, and physically adept individuals. Upon considering the opinions of experts bodies, defence personnel, and carefully studying the models adopted by other nations, it has decided to finally replace the prior mode of recruitment with the recruitment envisaged by the Agnipath Scheme. Considering that the stated objective of the Government is neither discriminatory nor mala fide, or arbitrary, this Court finds no reason to interfere with it," the Bench said.

Scope of policy decision:

The Bench reiterated that the scope of judicial review does not extend to excessively questioning the policy decisions of the government, unless they are arbitrary, discriminatory or are based on irrelevant considerations.

The Delhi HC also said that the it is exceedingly clear that the court does not interfere with policy decisions pertaining to national security in normal course, as it is not best placed to take such decisions.

"Policy decisions with regard to national security are taken after careful consideration of the socio-political scenario of the country, along with the socio-political scenario of the border countries. Further, a measured analysis is undertaken when it comes to application of schemes propounded by other countries to the conditions in India. The Courts cannot and should not delve into the appropriateness of such policy decisions and, thus, endanger one of the most important aspects of the basic structure doctrine, i.e., the principle of separation of powers," the Bench noted.

While exercising powers under Article 226 of the Constitution of India, the court cannot consider alternatives to the impugned scheme, the Bench noted.

"The formulation of the Scheme is an exercise of the "sovereign policy-making functions" of the Central Government, which ought not to be interfered with unless on the settled principles discussed above," it also said.

Policy decisions, particularly those which have wide-ranging implications on the nation's health and security, should be decided by bodies best suited to do so.

"Upon considering the opinions of experts bodies, defence personnel, and carefully studying the models adopted by other nations, it has decided to finally replace the prior mode of recruitment with the recruitment envisaged by the Agnipath Scheme. Considering that the stated objective of the Government is neither discriminatory nor mala fide, or arbitrary, this Court finds no reason to interfere with it," the HC said.

Features of the scheme:

The court also analysed the salient features of the scheme and said that it is a recruitment-generation scheme, which will satisfy a large number of unemployed Indian youth and 26 per cent of the Agniveers will be allowed to continue in the Armed Forces beyond the period of four years.

"This has been done by the Government in order to meet the objective of creating an Armed Force which is agile, youthful, physically fit, and mentally alert. This will bring the Indian Armed Forces in line with nations such as the inter alia United States, United Kingdom, and France. The importance of creating such a force has also been brought to the attention of this Court," the Bench said.

The Agniveer scheme will increase the 'leader to led' ratio from 1.1 to 1.28, a ratio that would inspire confidence and would ease the pressure of the forces on the ground.

"Expert opinions have also been sought on the Impugned Scheme; who have in fact suggested the revamping of the existing in-take and retention scheme as well. Considering the fact that the laudable objective of maintaining national security is at the heart of the Impugned Scheme, this Court does not find it arbitrary, capricious or devoid of reason, the Bench headed by the Chief Justice noted.

The court also noted that a number of Agniveers will be absorbed by the Public Sector Undertakings and other government establishments on various posts. They would be given various certificates, which would enable them to secure a job in the government and PSUs, the court noted.

"Working with the Army for four years will definitely instil a feeling of nationalism in the Agniveers which is important for the youth of the country. This feeling of nationalism will be a major deterrent for these persons from resorting to crime in the future," the court said.

The court said that the four years training period would instil a sense of nationalism in these personnel that would more or less promote them to use their skills and focus on the development of the country.

"Such advantages cannot be overlooked and dislodged on the basis of the apprehension that after four years such individuals may be unemployed or the mere apprehension that they may take to illegal or unethical activities, after being trained in the Army. This Impugned Scheme cannot be interfered with by this Court only on the basis of such apprehensions and bald averments," the Bench said.

On pension:

On the argument that Agniveers will not be given pension at the end of four years, the Bench said, " such pension, it has been contended, is being extended to soldiers from other nations which have deployed similar short term services in the Armed Forces. However, the Petitioners have failed to realise that a principal distinction between nations such as Israel, which have deployed such a policy, and India, is that the Indian Government has not made it mandatory for the youth of the nation to serve in the Armed forces."

The court also rejected the argument that the government has failed to make provisions for the meaningful employment of Agniveers in future.

"As stated earlier, the Government has in fact sought to extend entrepreneurship financial schemes such as MUDRA and Start-Up India to Agniveers as well. Furthermore, the Government has avowed to give Agniveers priority in government organisations; 10% reservation has been made for Agniveers in the Department of CAPF under the Ministry of Home Affairs, 10% in all the Departments under the Ministry of Defence, and 5% in all the Departments under the Railways. Material on record also discloses that the Impugned Scheme will not only provide opportunity for youth to serve the country but will also result in the Armed Forces having the most capable individuals who will be rewarded with a decent financial package and a bright future," the Bench said.