Sunday,
July 31, 2016
CONCEPT
OF CIVIL MILITARY PARITY
DEFENCE FORCES : THE THIRD PILLAR OF
DEMOCRACYby
Col Ashok K Singh,Veteran
Rewards
by 7th Pay Commission to defense forces and its
acceptance by BJP Govt has send shock waves and disbelief among soldiers. On
promise of Narendra Modi, Soldiers voted in mass for BJP govt hoping to get
justice for a humiliating and unconstitutional treatment given to them by Cong
Govt under Mrs Indra Gandhi just after a historic win
in 1971 war with Pakistan.
Mrs
Gandhi; instead of rewarding soldiers for their unparalleled historic victory
gave them humiliating injustice in 1973 by reducing their status, pay and
pension drastically. Mrs Gandhi not only gave shabby treatment to soldiers but
she also tweaked promotion procedures of military to have better control to
create a succession line for top military Generals and Chiefs. The arrangements
put by her in place went much beyond keeping a justified constitutional loyalty
check on senior leadership to create her personal team of loyalist Generals.
Caste and religion factor also became important to her. Though detrimental to
national security, she was successful to a large extent in subverting
professional military leadership to create submissive line of loyalists. Her
returns were immediate when top military leadership failed to oppose
unconstitutional declaration of emergency. Though military leadership was
nervous and they later advised her to lift it to restore democracy but the
damage was already done. The submissive line of generals so created with
personal loyalties failed to oppose her decision to attack Golden Temple. They
also failed to oppose decision of Rajive Gandhi to launch "OP PAWAN" in Sri
Lanka. They also failed in their constitutional duty to intervene to prevent
Sikh genocide in Delhi. Army Chiefs and leadership were not even consulted for
military fall outs when Bajpai Govt signed Lahore
declaration, it resulted in Kargil War. Now the situation is that political Govt
refuses to even acknowledge presence of Military Chiefs and leadership in their
decision making procedures thus debarring themselves from a professional
military advice risking national security.
With
above situation in existence yet another severe blow has been delivered by BJP's
Modi Govt to further crush the pride of soldiers. Acceptance of humiliating
recommendations of 7th Pay Commission for defense
forces by BJP Govt ignoring concerns of military leadership and veterans has put
soldiers in state of shock. The situation now is that soldiers, who are backbone
of national military and nuke power to protect national sovereignty, in terms of
life time earnings, are now paid lesser than Forest Guards and Central Armed
Police Force. Life Time earnings in eyes of HR professionals is a single most
key parameter to judge how rewarding a career is? Life Time Earnings of any
career forms the base of creating a reward system in terms of compensations.
With 7th Pay Commission recommendations in place a reward system has been
created where soldier's life time earnings are above home guards and below
forest guards. The acceptance of humiliating recommendations of 7th Pay
Commission for defense forces has no professional
justification and violates all established professional HR principles of
creating a reward system for a career.
The
ego based whims and fancies of insecure, corrupt and lustful political Govt
establishment without any accountability, justifications and reasoning to over
control military power of the nation might even crush the very defense apparatus which protects and provides space for
democracy to function. Indian constitution under article 53 while giving out
executive powers of the union, clearly recognizes executive military authority
of the nation as vested in a civilian Supreme Commander as distinct dimension
and gives it a key executive role in support of democracy by creating loyalties
of defense forces to the command authority of its
supreme commander, military commanders, constitution and we the people. Military
oaths of allegiance are accordingly structured. Article 53 of Indian
constitution if read in conjunction with article 34 on martial law and military
oath taken, establishes a well defined role for executive military authority of
the nation to defend and protect constitutional rights and freedom of "We The
People". It is therefore constitutional duty of military leadership to stand up
in defense of democracy if it is under threat from any
corner. It may be from corrupt politicians controlled by crony capitalists with
suspected loyalties creating caste and communal hate filled atmosphere for
political power and which may also trigger civil wars. With such distinct
provisions in constitution about roles of executive military authority, article
109-113 therefore accept distinct military service conditions and demands
separate laws for their service conditions including distinct compensation
packages for them.
Our
constitution recognizes three pillars of democracy and not two as is taught or
perceived. First pillar is the executive political authority of the nation
exercised by elected President through democratically elected parliament and
government and assisted by civil servants. Second pillar of democracy is
national judiciary. It is the prime duty of Chief Justice of India to defend
constitution by giving right interpretation of the constitutional provisions and
laws to the govt and people thereby helping govt in establishing rule of law.
Third pillar is executive military authority of the nation which is exercised by
a civilian Supreme Commander of defense forces and
military commanders under authority of command given to them under provisions of
warrants or commission. Each Officer and JCO of the Indian military is therefore
given authority of command by a parchment of commission after he/her takes oath
of allegiance. Such parchment of commission are signed by an authorized military
officer (not by PM or any minister or IAS) under a warrant signed by Supreme
commander that is President. Constitution recognizes distinct status of these
commissioned officers and therefore gives them the privilege of using their
ranks as titles prefixing these before their names under constitution article
18.
With
structure of these three pillars, our constitution ensures that a healthy and
socialist democracy protects the freedom, respect and dignity of we the people.
The military authority which is third pillar of democracy remains in silent but
observant mode beyond public visibility during peace times wherein
democratically elected government is given complete space to exercise their
authority interpreted by second pillar of Judiciary. Though in national wars or
disturbed areas military predominantly becomes active and visible but under
emergency and special legal provisions of the constitution, it still remains
under political directions of the elected civil govt. It is only when there are
direct threats to civil political authorities and judiciary where in these
institutions are unable to function due to any reasons or threat, Military
Authorities under article 34 of the constitution are duty bound to take command
of situation to restore civilian authority to protect democracy, dignity and
freedom of we the people. During peace and war times it is duty of each military
commissioned officer to remain politically observant and that is the reason in
their oaths word "OBSERVE" finds the place.
No
govt of the day shall defy constitution and its spirit to serve people. In
relation to military authority and service condition of the soldiers, every govt
is legally bound to respect constitutional provisions. On eve of national
independence the question of how to compensate soldiers as per their
constitutional roles, was faced by members of constituent assembly elected to
draft constitution. J L Nehru then formed a committee to recommend compensation
structure for soldiers of independent India. It was first time then the
principle of parity only for compensation of soldiers was accepted. These
principle of parity of soldiers only for compensation were in line with
constitution being framed. Major salient point of these principles
were:
1.
Length of the service of the military officers and soldiers will be key
detrimental factor to create parity of status and compensation with IAS and
civil servants.
2.
Life time earnings of soldiers will have an marginal edge over others civilian
govt staff.
3.
To ensure above 75% pension will be given to soldiers and 50% to military
officers who retire young as against only 25 or 30% to the civilians. Though the
same is subject to change but fundamentally such change shall not violate
principles as given in points 1 and 2 above.
The
above principles of parity for status and compensation of soldiers were
fundamentally based on sound established professional HR practices which are
even so relevant today.
It
was Mrs Gandhi, who after gaining political victory over Pakistan based on a
landslide military victory given by soldiers, started treating herself as
goddess and developed dictatorial attributes and aspirations. A forthright
professional military advice coming from true military leaders loyal to
democracy like FM Sam Manekshaw, was taken as threat to her aspirations to
become master of political power of India and become immortal. In 1973
accordingly, to serve her personal interests and dictatorial aspirations, she
tweaked military promotion system and also delivered a blow to their status and
compensation packages to make them weak and helpless. Idea was to cut military
leaders below knees of politicians and civilian babus
to eliminate any obstacle in their unconstitutional aspirations and corrupt
deeds. Allahabad HC judgement came as a shock to Mrs Gandhi and directly
attacked her ulterior motives. She declared emergency. Her design to cut
military leaders below knees paid off when none of them actually stood against
unconstitutional declaration of emergency though three services chiefs politely
refused to involve soldiers actively in enforcement of emergency. Later three
services chiefs advised PM to lift emergency and call for elections. Mrs Gandhi
then attacked independence of Judiciary and created a system of inserting
loyalists as judges. Two pillars of democracy were attacked by Mrs Gandhi and
weakened. Nation has paid and still paying a heavy price for it. Justice system
in the country has collapsed, professional military advice has no significance
to political leadership leading them to commit more and more foreign policy and
security blunders.
In
any democracy due to sensitivity of moral of serving soldiers and risks of
national security associated with it, military veterans take the lead as
citizens soldiers to create a voice in favor of
people. They help in creating public opinion which in return keeps politicians
under check. In India unfortunately military veterans till 15 years back, have
kept quite and lived an ignored and isolated lives. It
is only now military veterans are creating visible voices using power of social
media and connecting with people. It is a welcome and healthy sign for the
democracy. Military Veterans have stakes of blood and life in democracy.
Military veterans, as citizen soldiers shall therefore express independent issue
based political voices with people without any bias to any political leader or
political party. Military Veterans undertook OROP agitation for justice to
soldiers to the streets. The agitation became visible and touched the nerves of
people. BJP and Narendra Modi finding a political opportunity, created an hype
of nationalism and promised to undo injustice done by Mrs Gandhi with
soldiers.
7th
Pay Commission was formed by UPA govt with its Chairman who had known disliking
for military soldiers. Then army chief, Gen Bikarm
Singh who is said to be related to then PM Manmohan Singh, as Chairman of Chiefs
of staff committee, wrote a letter to Govt asking them not constitute a separate
pay commission for military. He dumped the age old well justified demand of
soldiers to have a separate pay commission. It was a betrayal of soldiers by
their own chief. Driven by desire to further cut down soldiers and also hurt by
soldiers agitation and views in social media, naturally 7th Pay Commission gave
a very humiliating recommendations for the military soldiers. Taking lead from
the word 'Parity' as given in the terms of references of the govt letter which
constituted 7th Pay Commission, the commission ignored the spirit of parity as
established by Nehru Govt ( as explained above) and followed the line of
ulterior motives of Mrs Gandhi and further reduced the compensation package of
soldiers. OROP demand of soldiers has been extended to all others and their life
time earning packages have been comparatively reduced
further.
Soldiers
had last hope from proclaimed nationalist govt of BJP and Narendra Modi. Three
services chiefs wrote a letter to govt expressing discontentment. They also met
PM to appraise him. retired military chiefs wrote a letter to PM which has not
even been acknowledged by his office. Govt ignoring concerns of soldiers, went
ahead and has notified humiliating and unjustified recommendations of the 7th
Pay Commission with minor modifications in military pay
matrix.
Conceptually
why are govt notification on 7th Pay Commission for soldiers
humiliating?
1.
It doesn't respect distinct constitutional identity, role and status of the
soldiers. When the MP is paid like MP, A judge like judge, an IAS like IAS then
why a soldier is not paid like soldier?
2.
It doesn't follow the concept of parity as established after much debate when
the Indian Constitution was framed by the constituent assembly. The concept
actually has been killed when in name of parity Life Time Earnings of military
soldiers have been fixed lesser than a forest guard and constables of CAPF and
Police and just above home guards.
3.
Compensation packages given doesn't match with the job profile of the military
soldiers. The users of Nukes and state of art technologies to fight modern
hybrid wars which can wipe of nations, are paid lesser than managers of forests
who cant even extinguish forest fires without help of
soldiers.
4.
Primary role of military is to operate in international environment. Wars are
fought between/ among nations. Thus the status and compensation packages to
soldiers shall follow international best practices and protocols. Though
(surprisingly and shockingly) India has not notified civil military parity list
as required under Geneva convention for wars but it doesn't mean Indian govt
will expose and humiliate their own soldiers in international environment and
specially so in face of enemies. 7th Pay Commission has cited the US
compensation packages. As per US Civil Military Parity notification under Geneva
Convention a US Brigadier is clubbed with their highest pay grade of the civil
servant. That means the highest pay grade of US civil servant is equal to HAG/
Apex Grade of IAS in India. That means a US Brigadier as per Geneva convention
and US notification is equal in status of HAG/ APEX Grade of IAS officers of
India? But than what is the status of Indian Brigadier? An IAS officer/ DM of 5
years of service boasts to be senior to a Brigadier? How will you maintain
international protocols ensuring respect to your own Brigadier? Isn't it
humiliating for military to operate in their primary roles? Why has India not
notified Civil Military Parity List as required under Geneva convention to which
India is a signatory? Pak can not be held accountable
for violating Geneva Convention in case of Capt Kalia
as India has not notified such list?
5.
JCOs of India military are commissioned and gazetted officers and they are paid
non gazetted salaries? Technically and legally a JCO can be nominated as members
of the Court of Inquiry?As commanders, NCOs of Indian
army carry the authority to order fire and arrest like sub inspectors of Police
but they are paid like Head Constables who have no legal powers? Are not these
compensation packages to JCOs and NCO humiliating?
6.
A Captain and equivalent and above of Indian Military can under Summary General
Court Martial not only give death sentences but also confirm and execute same
without reference to any court or president. In CI operations an Inspector of
Police or CAPF behave much superior to him? Isn't it
humiliating?
Govt
and babus may argue that they are well within their
rights and authority to fix compensation packages of soldiers? Yes agreed but
can they, while doing so, show total disregard to established HR principles
accepted by govt while framing the constitution, constitutional status and job
profile of the soldiers? Worst can they do it without giving any reason or
justification to flaunt unconstitutional authority and that is what is happening
when Political leadership and Babus are giving no reasons and justifications and
maintaining a mysterious, insulting and ignoring silence?
General
VP Malik, Ex Army Chief was right to say on TV, that soldiers are being taken
for granted. Their mature obedient silence keeping national security in mind is
being misconstrued. Should a situation be allowed to explode by pushing soldiers
beyond their thresholds of tolerance or patience? Very wrong signals are going
from Govt to soldiers when PM has all times to fly to Lahore to meet PM of
Pakistan but has no ears to listen to his own military chiefs or time to meet
military veterans in-spite of various requests?
Political
Govt of BJP and Narendra Modi must act within established democratic norms under
constitution and talk with reasons and justifications. Govt shall not be managed
with whims and fancies of politicians and babus.
Soldiers are most mature lots. They have been more loyal to democracy and
constitution than politicians and babus who have bad
records of corruption and one de-fecto coup of
declaring emergency. Not trusting soldiers and ignoring them in a humiliating
manners will surely add fuel to fire.
BJP
in their manifesto did promise a Military Commission to manage all problems of
soldiers, best way forward is:
1.
Constitute Military Commission of two, jointly under an Ex Military Chief and a
SC Judge with an IAS secretory to manage all problems
of soldiers including their pay and packages and post service
settlements.
2.
Let Govt publish a Comparative Table of Life Time Earnings including pensions of
all govt services and soldiers and then see how best can the established
principle of parity at time of independence be put in effect and if the govt is
not in the position to pay financial benefits then how best soldiers be
compensated by other means ? The issue can then be managed by Military
Commission.
Let
us not play with national security. Fortunately soldiers are not asking moon and
are talking reason. So why not talk reason and justification with them. Keeping
discontentment simmering may prove to be highly disastrous. Soldiers are last
resort of the nation and third pillar of the constitution. Let us not take any
chance. Rising above egos, administer their status and compensation in just
manner.
Let
good sense prevail.
(Source-
Sanjha Morcha
blog)
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