New Delhi, Feb 27.
The Delhi High Court on Monday rejected a host of petitions which had challenged the legality of the central government’s move to introduce the Agnipath scheme, paving way contractual appointments in the army for the youth instead of permanent employment.
The High Court ruled that courts normally should not interfere with policies of the government on the national security front as it is not well placed to do so in terms of expertise needed to assess such a scheme.
Besides that the court observed that decisions taken on national security usually involve a careful consideration of the socio-political scenario of the country and its bordering countries and a careful comparison of schemes existing elsewhere.
“Courts cannot and should not delve into the appropriateness of such policy decisions and this endanger one of the most important aspects of the basic structure doctrine – the principle of separation of powers.”
“We have extensively gone through the Agnipath scheme and can conclusively state that this scheme was made in national interest to ensure that the armed forces are better equipped…. The writ petitions are dismissed….”
The central government had argued that given the financial constraints facing it and the huge burden of pensions on defence budgets, the Agnipath scheme was well thought of.
It will translate into keeping the army young and fighting fit, the government said. The scheme will recruit youth from 17 to 21 and train and absorb them for four years. Only 25 per cent of them will be retained permanently.
The others will go home with Rs 11 odd lakh but will be skilled enough to pick up other jobs, the government said, both in other para-military forces the private sector. They will be below the rank of commissioned officers.
The High Court has agreed with the government view that it will make the armed forces younger, leaner and meaner. It will give employment to unemployed youth, train and skill them, will increase the ration of leader to led which are required in the light of the “recent skirmishes at the border”.
The court said that such youth will be fuelled by patriotism and may well work hard to make the country better. The court cannot set aside the scheme on the basis of apprehensions that they will end up being unemployed.
“Considering that the stated objective of the scheme is neither discriminatory, nor mala fide, or arbitrary, the court finds no reason to interfere with it,” Justices Satish Chandra Sharma and Subramonium Prasad said.
An appeal will most likely be filed in the Supreme Court against the High Court order. Former Army Colonel turned lawyer Amit Kumar said that he was disappointed, but a future course of action will be decided after analysing the judgement.
The bench also rejected the pleas of those awaiting recruitment since 2019 when the normal process of recruitment was halted. No estoppel will like against the state in matters of recruitment, it said. The scheme can be changed midway due to overarching concerns of public interest, it said.
The scheme has generated a huge controversy as it is intended to replace the normal recruitment process for the armed forces. Many candidates shortlisted earlier have also challenged the scheme. The recruited soldiers will be known as Agniveers.