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THE ARMY CHIEF AND THE GOVERNMENT OF INDIA : THE WAY FORWARD

A COMMENT BY ANIL NAURIYA According to TV news reports on the evening of Jan 16, 2012, the Chief of the Indian Army has gone to Court against the Governments decision rejecting his request for acceptance of a later date of birth that would result in extension of his tenure. A crisis of mutual confidence between a service chief and the government is not by itself a new phenomenon. What is unprecedented, however, is the fact of a serving service chief going to Court against his Government. Obviously the relationship between the Government and an incumbent chief of any Military service is one of great confidence. For the Army Chief to go to Court against the Government does imply a breakdown, to some extent, of this confidence. Expectedly, opposition spokesmen have rushed to blame the Government for mishandling matters to the point where such a situation has come to pass. Political memories are often short. It was a few years ago that a previous regime had considered it necessary to actually dismiss a serving Naval Chief. It is necessary also to recall that the present Army Chief had himself reportedly accepted the prior date of birth at an earlier stage in his career. It should be common ground that the strengthening of mutual confidence in such a sensitive relationship as that of a Government and a Service Chief is much to be desired. In recent times there has been a tendency for the civilian bureaucracy to rub serving military officers the wrong way in respect of their rank and seniority and even as to the courtesies due to them. These grievances can be removed to large extent by bringing about a limited integration of service headquarters with the structures of the Ministry of Defence. Another problem in recent years has arisen because of a growing tendency among Service Chiefs publicly to pontificate on matters which fall squarely within the realm of civilian-executive decision-making. Several instances can be cited. The most recent example that comes to mind is the response reportedly given by the present Army Chief on the Anna Hazare movement some months ago. The temptation for Chiefs of Military Services to express themselves on such matters in the Press is not conducive to enhancing mutual confidence between the Government and a Service Chief. If the present Army Chief has indeed gone to Court over the question of his age, as has been reported on January 16, the issue will no doubt be dealt with appropriately. The Courts may be expected to find a just solution to the controversy. Meanwhile, there has been speculation on the television news channels about the options open to the Government. The active option mentioned was to sack the Army Chief. This would be an incorrect response in the circumstances, particularly when the matter is in Court. Howsoever much one may disagree with the Army Chief, he has a right to approach the Courts of Law for redress. Yet there is another thing that can perhaps be done and probably should be done. Given the position of confidence that he occupies, the Army Chief would be well-advised to go on leave until his case is decided. If the Government were to insist on this, it would be on strong ground. That way lies the way forward.

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