Court not expert to decide what Army wants: Delhi High court on challenge to Agnipath scheme

The Delhi High Court on Monday said that the experts have formulated the Agnipath scheme for entry into Indian armed forces and that the court is not an expert body which can sit in judgment over such a scheme..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that it is also not going to examine the schemes in place in various foreign countries governing their different defence forces, or comment on military strategy. "The government is saying that we want a young army and therefore the experts have formed the scheme. We (judges) are not the experts... Are we to decide which is good? Four years or seven years? It is not in our domain," the bench said. .The remarks came while the bench was hearing a batch of petitions challenging the newly introduced Agnipath scheme for entry into the Indian Army, Navy and Air Force. The Agnipath Scheme proposes to induct youth into the Indian Army for four years. After this period, out of the selected candidates, only 25 per cent will be continued in the Indian Army while the rest will be denied jobs in the Armed Forces.The introduction of the Scheme had prompted widespread protests across the country, some of which turned violent. It had also led to a slew of petitions being filed in various courts..The Delhi High Court is hearing nearly two dozen petitions related to the Agnipath Scheme and recruitment to the Armed Forces. There are three sets of petitions before the Court.While one batch has challenged the government's Agnipath Scheme directly, another say that despite the scheme, the recruitment processes were ongoing but not completed.The third batch has stated that even though the process was completed, the recruits are yet to be appointed.The Supreme Court had in July transferred the petitions listed before itself as well as various High Courts across the country to the Delhi High Court.As a result of this, several matters from various High Courts have come to Delhi..The petitioners today argued that the scheme is detrimental to national security and the Agniveers joining the defence forces will lack the training and bonding that is necessary in an unit.It was stated that the scheme violates the right to 'equal pay equal work' and that there is no back-up plan for the 75% of the candidates who will be rendered jobless after initial period of four years.One of the petitioner appearing in person also stated that even the experts in the field including people as senior as vice-chiefs of army staff have said that the scheme is detrimental to the institution of the army. “In six months, I have to develop physical endurance and learn to use these weapons. Six months is a very short time. We are going to compromise national security,” the petitioner argued. He claimed to be veteran of the Indian Army. .Arguments were also raised about whether the four-year term that Agniveers serve, will be counted in their overall service once a quarter of them are commissioned into the forces.Additional Solicitor General (ASG) Aishwarya Bhati appeared for the Centre and said that she will get instructions on the aspect..The Central government had earlier filed a consolidated reply to these petitions, stating that Agnipath will make the forces young and recruits who exit after their tenure will prove to be nationalist, disciplined and skilled.The Modi government said that an analysis of the existing structure of 'below officer' rank divisions in the Indian Armed Forces showex that the average age of a personnel was 32 years, while globally, it is only around 26 years. The Armed Forces’ retention policy, under which a jawan, sailor or airman serves between 15 to 20 years, is the main reason for it, it was submitted.The Court will hear the matter again on Wednesday..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.