Standalone legislation required for theatre commands to take shape

Maj Gen Ashok K Mehta (retd)

Military Commentator

EARLIER this month, an Army Commander told me that he expected Prime Minister Narendra Modi to announce from the ramparts of the Red Fort the creation of the Western Integrated Theatre Command (ITC) at Jaipur as part of the theatrisation plan. This did not happen, indicating that there are last-minute problems for the long-awaited defence reform. Last month, the Chief of Defence Staff (CDS), Gen Anil Chauhan, speaking at a function of the Defence Research and Development Organisation in New Delhi, emphasised that jointness and integration were a prelude to theatrisation. At an earlier event in Delhi, he said that 99 per cent of the work on theatrisation was over. So, what is this 1 per cent that is holding up the train? Is it separate legislation for theatrisation and the role and functions of the CDS?

After the bad blood between the Indian Air Force (IAF) — the habitual but conscientious objector — and other services during late Gen Bipin Rawat’s term as CDS, haste is no longer the choice for implementing theatrisation. When I had met Gen Rawat a week before his tragic death, he showed me the file enunciating his mission. He believed that he was required to inculcate jointness and introduce ITCs within three years. Being in a hurry, Gen Rawat rubbed IAF the wrong way by comparing it with a supporting arm, an extension of the artillery. The IAF was never going to agree to a division of its limited assets and raising of the Air Defence Command (ADC).

On December 24, 2019, the Union Cabinet had approved the creation of the post of CDS, who was tasked “to bring about jointness in operations, logistics and training… of the three services within three years”. The new Department of Military Affairs was mandated with “restructuring military commands for optimum utilisation of resources through jointness in operations, including establishment of joint theatre commands”.

Gen Rawat gave a peek into his version of the ITC in September 2021 in New Delhi. His model of theatrisation consisted of country- and domain-specific ITCs — the Western ITC for Pakistan, Northern ITC for China, a maritime command for Indian Ocean and an islands command (already existing) — the Andaman and Nicobar ITC. He spoke about a fifth command for Indian airspace to be followed by cyberspace command. Also included were ADC and the existing Northern Army Command, which is responsible for Ladakh and Pakistan-occupied Kashmir (PoK), as an interim measure. A former Deputy Chief of Army Staff, Lt Gen Harwant Singh (retd), who had made the first presentation on theatrisation to then MoS for Defence Arun Singh in 2001, had suggested three sea-based integrated commands — one each for Bay of Bengal, Arabian Sea and Andaman and Nicobar Islands (which came up in 2002). Singh recognised the salience of sea power, which has not been suitably acknowledged.

Gen Chauhan, who is from the 11 Gorkha Rifles, like Gen Rawat, has ticked the right boxes — patience, perseverance and persuasion. He has not gone public with the framework of the ITC. His model is apparently more or less identical to other models and includes two land-based country-specific ITCs and two sea-based domain-specific ITCs, including the existing Andaman and Nicobar Command. Additional joint commands in the pipeline relate to logistics, training, cyber and space, missiles and intelligence. It is proposed that the three new ITCs will be commanded by four-star officers who will retire at the age of 61. Other additional joint commands will be led by three-star officers. Land commands will be followed or accompanied by the merger of Eastern and Naval Commands into the Maritime Command, to also include the existing Andaman and Nicobar Command. The ADC has been dropped to accommodate the IAF on comprehensive utility of its assets. The clincher, it seems, is that one of the two land-based commands will go to the IAF.

It is believed that some IAF resources will be dedicated to ITCs, while the majority will be maintained as strategic reserve. Four-star Generals/ Admirals/Air Chief Marshals will lead ITCs and report to the CDS, who will be responsible for decision-making. It is being said that the Chiefs of Staff Committee will assist the CDS in fulfilling this role. The Service Chiefs, who will remain four-star officers, will be left with the responsibility to raise, train and sustain. Altogether, there will now be seven four-star officers, including the CDS. This will not please the civilian bureaucracy, especially the Defence Secretary, as these officers will be miles ahead of him in the Warrant of Precedence.

Congress MP and advocate Manish Tewari has written that the Inter Services Organisation (Command, Control and Discipline) Bill, 2023, was passed this month in the Lok Sabha and Rajya Sabha without any meaningful debate in Parliament — though a discussion did take place in the Rajya Sabha. The Bill was needed for bringing uniformity in disciplinary matters, cross-posting and promotions in tri-service organisations as each service has its own Act. The Bill will standardise the framework for administrative authority. The Bill is also the legal basis for the government to create theatre commands by restructuring the armed forces. According to Tewari, this will be ultra vires of constitutional jurisprudence if it is used as the legal basis for the CDS. Further, while Clause 3(1) (b) of the Bill defines the CDS, no role is ascribed to him.

I heard the debate in the Rajya Sabha, which was quite pedestrian. Rounding off the debate, Defence Minister Rajnath Singh said the Bill that was passed should not be confused with theatrisation. It is clear that a standalone legislation is required for theatrisation and a separate law to define the institution of the CDS, his role and responsibility. Still, there is no doubt that the government will announce theatrisation plans before the General Election.

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