New Delhi: The High Court of Delhi has decided to pass Judgement on a batch of petitions challenging the Agnipath scheme unveiled for the recruitment of Agniveers for armed forces on February 27, 2023. A Division bench chaired by chief justice Satish Chandra Sharma also comprising Justice Subramonium Prasad is scheduled to pass judgment on Monday, February 27 as per the cause list.
Following the hearing of arguments on behalf of various petitioners and the federal government on December 15, 2022, the bench decided to keep the judgement reserved. In keeping the order on hold, the court also requested that the parties submit any written arguments they may have.
Aishwarya Bhati, the Additional Solicitor General (ASG), represented the Central Government at the hearing and told the judge that more than 10 lakh applicants had received the benefit of age relaxation. The Agnipath scheme represents a significant paradigm shift in the hiring of defence personnel. Although we can't include everything in the affidavit, we can at least claim to have acted honestly.
The central government has notified the Delhi High Court that none of the applicants who took part in the prior hiring process have been negatively impacted. It was further notified by the Central Government that employment in public offices does not have the same standing as recruiting into the "military forces," which is a crucial sovereign role directly related to maintaining national security.
The Central Government is properly empowered to change the policy defining the mode and methods/service conditions of the people who are to be employed in the armed forces in the exercise of its sovereign power and to effectively and efficiently safeguard the security and integrity of the nation, said the affidavit. It was further noted that the central government's decision to conduct recruiting under the new "Agni Path Scheme" represents a policy choice made for concerns of national security.
In support of one of the petitions contesting the plan, attorney Prashant Bhushan contended that the government's decision was arbitrary and unfair. The choice was made for no discernible reason. Additionally, he claimed that the individuals whose names were on the select list were forced to wait another 2.5 years.
In response, ASG Bhati stated that there are differences between the Navy and other armed forces. The process must be delayed since it will affect the Navy's operational capabilities and preparation for war. The recruitment strategy had been changed. An appointment is not a right that results from selection. Covid, according to ASG, caused the process to be delayed.
The chief justice enquired of the ASG: "Those who had passed the test were waiting. Why didn't you finish the job? How will you respond to this?" The decision was made at the highest level in June 2021. The Agnipath scheme represents a paradigm shift, that much was obvious. After June 2021, we plan to implement a significant paradigm shift in the way that hiring is done. The Central Government made it clear that the Agniveer is a different cadre and ranks behind the Sepoy.
Ankur Chibber, a lawyer who represented some of the petitioners, contended throughout the hearing that there cannot be a pay gap. Sepoy is the lowest rank in the military. A sepoy would make more money than an agnever. Equal pay for equal work should be the rule. He also brought up the idea that if an Agniveer gets chosen after serving for four years, he would have to reapply. His four most recent years of experience won't be considered. It will effect his seniority and another perk.
Harsh Jay Singh's attorney, Kumud Lata, asserted that the term of duty is four years. Agniveer wouldn't be qualified for a tip. She also brought up the fact that there is no pension plan in place for retirees. During her arguments, she also made mention of the USA, Russia, and Israel.
It is a new programme, according to Justice Prasad, that gives a young guy the choice of receiving training. After then, he is free to perform any task. Moreover, it is not required.
Another attorney, who has 21 years of army service, claimed that the training session is brief. Moreover, the term of duty is brief. What kind of training, if it is too brief, will the force receive? He claimed that at least a year is needed for physical and weaponry training. He also argued that a person's sense of belonging grows with time. Over the course of their service in the military, soldiers earn and offer respect. He claimed that the administration did not consider input from the ground-level unit level. The government needs to think it over again.
Previously, the panel declined to halt the Agnipath Programme and stated that petitioners will receive their requested relief if their lawsuit was successful. The court continued, "We won't issue a stay or an interim order; instead, we'll hear the case to its conclusion."
The Supreme Court forwarded a number of arguments relating to the Agnipath Programme to the Delhi High Court on July 19, 2022. The Supreme Court also made it clear that with regard to other comparable petitions contesting the Agnipath Scheme currently pending in various High Courts, those HCs should either give the petitioners the option of having their petitions transferred to the Delhi HC or to keep them pending with the freedom to intervene in Delhi High Court.
The Delhi High Court was asked by the top court to take up the case and resolve it quickly. Instances involving these programmes are being heard in the high courts of Delhi, Kerala, Punjab, Haryana, Patna, and Uttarakhand, the SC said. After hearing from attorneys Kumud Lata Das and M. L. Sharma for the petitioners and SG. Tushar Mehta for the respondents, the SC issued its directives.
According to a petition opposing the programme, the announcement of the programme sparked widespread protests in Bihar, Uttar Pradesh, Telangana, Haryana, Uttarakhand, West Bengal, and other states because the programme only lasted four years in the Indian Army and the future prospects of the trained "Agniveers" were unclear. In this case, a PIL demanded that the Center revoke its notification of the Agnipath programme, claiming that it is "illegal and unconstitutional."
The Union Cabinet on June 14, 2022, approved a recruiting plan for Indian youth to serve in the three services of the Armed Forces called Agnipath, and the youth recruited under this scheme will be known as Agniveers. Agnipath enables determined young people who are patriotic to serve in the military for four years. The Agnipath Program was created to enable a younger demographic inside the armed forces.
Major changes in Agnipath recruitment rules, now these people will also be able to apply