Inter-Services Organizations (Command, Control and Discipline) Act

The Inter-Services Organisations (Command, Control and Discipline) Act has been notified through a Gazette Notification to be enforced with effect from May 10, 2024. The union government had introduced the Inter-Services Organizations (Command, Control and Discipline) Bill, 2023 in Lok Sabha to empower tri-services commanders. The Bill was passed by both houses of the Parliament in the Monsoon session of 2023 and received the presidential assent on Aug 15, 2023.

Know more about this topic in this article. This is an important topic for the IAS exam.

The Inter-Services Organizations (Command, Control and Discipline) Act

• The Inter-Services Organizations (Command, Control and Discipline) Act empowers the central government to set up an inter-services organization.
• The Andaman and Nicobar Command, the Defence Space Agency, and the National Defence Academy which are existing inter-services organizations are placed under the Act.
• Thus under the Act, the central government has the authority to set up or constitute an inter-services organization under the command of an Officer-in-Command and should comprise personnel from at least two of three services namely the army, the navy, and the air force.  
• The inter-services organisation can also include a Joint services command consisting of units or service personnel of the Air Force, Army and Navy under command of the Commander-in-Chief or the Officer-in-Command. 
• The bill seeks to empower the Commander-in-Chief or Officer-in-Command of Inter-services Organisations to control personnel under their command but belonging to different services.
• Thus the proposed bill seeks to empower the Commander-in-Chief or Officer-in-Command of Inter-services Organisations to have administrative and disciplinary control of service personnel under their command, irrespective of their service.
• The service personnel of the three services Air Force, Army and Navy are currently governed under the Air Force Act, 1950, the Army Act, 1950 and the Navy Act, 1957. As per respective acts, only officers of respective service have powers to exercise disciplinary control over the service personnel.
• Thus without amending the respective acts of the service, The Inter-Services Organizations (Command, Control and Discipline) Act empowers the heads of inter-services organizations to have effective command, control and discipline over personnel of all services attached under their command.

Need for the Act:

• Without the Act, the personnel serving in the inter-services organization need to be sent back to their parent organization to take disciplinary or administrative action which is leading to delays in time and associated financial costs related to the movement of personnel.
• Another complex issue is the requirement to initiate multiple proceedings under different service acts with the same set of facts and circumstances. This leads to delays in the disposal of cases and affects discipline standards.
• According to the government, the Act will ensure the following:
  • Expeditious disposal of cases.
  • Saving time and public money by avoiding multiple proceedings.
  • Greater integration and jointmanship amongst Armed Forces personnel.

Rationale behind the law:

• 3 Separate laws for 3 services
  • The Indian armed forces are governed by three separate laws for the three services: the Air Force Act, 1950, the Army Act, 1950, and the Navy Act, 1957.
  • Under these laws, only an officer of the same service can hold disciplinary powers over persons governed by the respective Act.
  • That is if an Air Force officer needs to discipline a member of the Army or Navy, they are not legally authorized to do so, and vice versa.
• Limitations of Disciplinary Powers
  • It means that under the current legal framework, the commander-in-chief of a joint services command and the officer-in-command of any other inter-services organization are not empowered with disciplinary powers.
• Time and Financial Costs
  • As in the present system, personnel has to be sent back to their parent service for any disciplinary or administrative action, it is time-consuming and involves financial costs.
• Impediments to Expeditious Disposal of Cases
  • If disciplinary or administrative proceedings involve personnel belonging to different services, multiple sets of proceedings under the respective Service Acts are required to be initiated, which affects the standard of discipline and impedes expeditious disposal of cases.

Impact of the Act:

• On the tri-services theaterization plan:
  • Theatre command system:
    • It is a proposed way of organizing the Indian military so that the Army, Navy, and Air Force can work together more effectively.
    • Instead of each service operating separately, they will be combined into larger groups called theatre commands, which will be responsible for specific geographic regions.
    • This will help to eliminate duplication and improve cooperation between the different services. And it will also create a more efficient and effective military that can respond more quickly to security challenges.
    • Once the theatre commands become operational, the Bill has the potential to improve their management.
• Other benefits:
  • Faster resolution of cases
  • Time and cost savings by avoiding multiple proceedings
  • Greater integration among armed forces personnel

Inter-Services Organizations (Command, Control and Discipline) Act:- Download PDF Here