Delhi High Court today approved the Centre’s Agnipath scheme observing that it was introduced “in the national interest, to ensure that the Armed Forces are better equipped.” At the heart of it, the Agnipath scheme has the laudable objective of maintaining national security, the high court said.
The high court said the Agnipath scheme would instil a sense of “nationalism” in the youth apart from providing them with “an opportunity to serve the country” that would end with the Agniveers being rewarded with a “decent financial package” and a “bright future”. As such, this scheme would not only help in an individual’s personal development who “are recruited at a young age”, but would also “equip the youth of the country with necessary skills that can aid them to secure better paying opportunities in fields to which they are specifically suited”.
“The Scheme would, therefore, benefit in the growth and betterment of an individual which will only help in the growth and betterment of the nation. It is through this prism that one must assess the Agnipath Scheme, the high court said.
The division bench of the high court led by Chief Justice Satish Chandra Sharma said the Agnipath scheme was a well thought out policy decision and it was necessary to focus on the benefits rather than any “alleged political motives” or apprehensions against it.
The Centre in June 2022 introduced the Agnipath scheme which led to nationwide protests. Several challenges were filed across judicial fora including the Supreme Court and various high courts. A month after its introduction, the apex court in July transferred all pleas and asked the Delhi high Court to decide on the same.
BOOM highlights the important observations made by the Delhi High Court.
Agnipath Scheme will lead to fitter armed forces
The Delhi High Court said several border skirmishes in the recent past have exacerbated the need to have a leaner and fitter Armed Force which is capable of handling the mental and physical distress that accompanies service in the Armed Forces.
The high court underscored the principle of separation of powers and said courts cannot and should not delve in the appropriateness of policy decisions. The high court said policy decisions connected with national security are taken after careful consideration of the socio-political scenario of the country, along with the socio-political scenario of the border countries.
“Further, a measured analysis is undertaken when it comes to the application of schemes propounded by other countries to the conditions in India,” the high court said underlining the reason for its non-interference.
The high court pointed out that 75% of the Agniveers—those who participate in the Agnipath Scheme—who were not absorbed by the armed forces would be given certificates that would allow them to secure jobs with Public Sector Undertakings (PSUs) and other Government establishments at various levels. They would also be given “skill certificates” enabling them to gain employment in the private sector.
“Working with the Army for four years will definitely instil a feeling of nationalism in the Agniveers which is important for the youth of the country. This feeling of nationalism will be a major deterrent for these persons from resorting to crime in the future,” the high court added.
The high court said these Agniveers would also be in a better position to gain meaningful employment depending on the skills they pick up in the army. “Needless to state that four years training period would also instil a sense of nationalism in these personnel that would more or less prompt them to use their skills and focus on the development of the country,” the division bench said.
One could not overlook such advantages simply on the apprehension that after four years such individuals may be unemployed or that they may take to illegal or unethical activities, the high court added.
The high court further highlighted how pension was also discontinued for soldiers from other countries which have deployed similar short-term services. Those challenging the Agnipath Scheme have “failed to realise that a principal distinction between nations such as Israel, which have deployed such a policy, and India, is that the Indian Government has not made it mandatory for the youth of the nation to serve in the Armed forces,” the bench said.
Listing out several schemes where Agniveers would be given priority posting, the High Court said the scheme would not only “provide opportunity for youth to serve the country” but would also “result in the Armed Forces having the most capable individuals who will be rewarded with a decent financial package and a bright future”.