Chief of Defence Staff (CDS)
A few questions on the R & A (Responsibilities & Accountabilities)
In the publicity onslaught by
Army HQ on social & print media about the rank badges and accoutrements of
the Chief of Defence Staff (CDS) not much appears to have been discussed in
(boring?) detail of the substance of the gazette notifications and the
amendments to the Allocation of Business Rules 1961.
Let us start by reading the
original Allocation of Business Rules 1961 (with the amendments in italics.
Allocation of Business
Rules 1961, pages 41 to 43.
MINISTRY OF DEFENCE
A. DEPARTMENT OF
DEFENCE (RAKSHA VIBHAG)
1. Defence of India and every
part thereof including preparation for defence and all such acts as may be
conducive in times of war to its prosecution and after its termination to
effective demobilisation.
2. The Armed Forces of the Union,
namely, Army, Navy and Air Force.
3.
Integrated Headquarters of the Ministry of Defence comprising of Army
Headquarters, Naval Headquarters, Air Headquarters and Defence Staff
Headquarters.
4. The Reserves of the Army, Navy and Air Force.
5. The Territorial Army.
6. The National Cadet Corps.
7. Works relating to Army, Navy
and Air Force.
8. Remounts, Veterinary and Farms Organisation.
9. Canteen Stores Department (India).
10. Civilian Services paid from Defence Estimates.
11. Hydrographic surveys and preparation of navigational
charts.
12. Formation of
Cantonments, delimitation/excision of Cantonment areas, local self-government
in such areas, the constitution and powers within such areas of Cantonment
Boards and authorities and the regulation of house accommodation (including the
control of rents) in such areas.
13. Acquisition, requisitioning, custody and relinquishment
of land and property for defence purposes. Eviction of unauthorised occupants
from defence land and property.
14. ----------1
1Omitted vide Amendment series
no.276 dated 22.09.2004
15. Defence Accounts Department.
16. Purchase of food stuffs for
military requirements and their disposal excluding those entrusted to
Department of Food and Public Distribution.
17. All matters relating to Coast
Guard Organisation, including-(a)surveillance of maritime zones against oil
spills;(b)combating oil spills in various maritime zones, except in the waters
of ports and within 500 metres of off-shore exploration and production
platforms, coastal refineries and associated facilities such as Single Buoy
Mooring (SBM), Crude Oil Terminal (COT) and pipelines;(c)Central Coordinating
Agency for Combating of Oil Pollution in the coastal and marine environment of
various maritime zones; 42(d) implementation of National Contingency Plan for
oil spill disaster; and (e) undertaking
oil spill prevention and control, inspection of ships and offshore platforms in
the country, except within the limits of ports as empowered by the Merchant
Shipping Act, 1958 (44 of 1958).
18. Matters relating to diving and related activities in the
country.
19. Procurement exclusive to the Defence services amended to read “19. Capital Acquisitions
exclusive to the Defence Services.”;
20. All matters
relating to Border Roads Development Board and Border Roads Organisation.1
1Inserted vide Amendment
series no.311 dated 09.01.2015.
(iv)
after entry 20, following entry shall be inserted, namely:-
“21. Institute for Defence Studies and
Analysis, National Defence College and any other organisation within the
Ministry of Defence whose remit is broader than military matters.”;
Now, before being deafened by the
blaring of bugles and trumpets, let us tread (warily) to read the first Gazette
of India notification of 28 Dec 2019, which reads as follows:
NOTIFICATION
New
Delhi, the 28th December, 2019
S.R.O.
21(E).—In exercise of
the powers conferred by section 190 of the Air Force Act, 1950 (45 of 1950),
the Central Government hereby makes the following regulations further to amend
the Air Force Regulations, 1964, namely :—
1. (1) These regulations may be called the Air Force (Amendment)
Regulations, 2019.
(2) They shall come into force on the
date of their publication in the Official Gazette.
2. In the Air Force Regulations, 1964, (hereinafter referred to as
the said regulations), in regulation 213,—
(i) for the words “appointment in the
ranks of Air Chief Marshal”, the words “Chief of the Air Staff in the rank of
Air Chief Marshal”, shall be substituted;
(ii) the following Explanation shall
be inserted, namely:—
“Explanation: — For the purposes of this regulation,
the expression “Air Chief Marshal,” includes the Chief of Defence Staff or the
Chief of Air Staff, as the case may be.
3. In the said regulations, after
regulation 213, the following regulation, shall be inserted, namely:—
“213A.
Extension of service.—An officer who has attained the age of retirement or has
become due for such retirement on completion of his tenure, may be retained in
the service for such further period as may be determined by the Central
Government, if the exigencies of the service so require:
Provided
that the Central Government may, if considered necessary, in public interest,
so to do, give extension of service to the Chief of Defence Staff, referred to
in the Explanation to regulation 213, for such period or periods as it may deem
necessary subject to maximum age of 65 years.”
[F.
No. F.14(3)/98/D(AG)]
M. SUBBARAYAN, Jt. Secy.
And the Second, but more important notification
dated 30 Dec 2019
CABINET
SECRETARIAT
NOTIFICATION
New
Delhi, the 30th December, 2019
S.O.
4710(E).—In exercise
of the powers conferred by clause (3) of article 77 of the Constitution, the
President hereby makes the following rules further to amend the Government of
India Allocation of Business) Rules, 1961, namely:-
1. (1)
These rules may be called the Government of India (Allocation of Business)
Three Hundred and Fifty Third Amendment Rules, 2019.
(2) They shall come into force at
once.
2. In the Government of India
(Allocation of Business) Rules, 1961,-
(A) in THE
FIRST SCHEDULE, under the heading “9. Ministry of Defence (Raksha Mantralaya),”
for the existing sub-headings, the following sub-headings shall be substituted,
namely: –
“(i) Department of Defence (Raksha
Vibhag)
(ii) Department of Military Affairs
(Sainya Karya Vibhag)
(iii) Department of Defence Production
(Raksha Utpadan Vibhag)
(iv)
Department of Defence Research and Development (Raksha Anusandhan aur Vikas
Vibhag)
(v) Department of Ex-Servicemen
Welfare (Poorva Senani Kalyan Vibhag)”;
(B) in THE
SECOND SCHEDULE, under the heading “MINISTRY OF DEFENCE (RAKSHA MANTRALAYA)”:-
(a) under the sub-heading “A.
DEPARTMENT OF DEFENCE (RAKSHA VIBHAG)”,-
(i) for entry 1, following entry shall
be substituted, namely: -
“1. Defence
of India and every part thereof including defence policy and preparation for
defence and all such acts as may be conducive in times of war to its
prosecution and after its termination to effective demobilisation.”;
(ii) entries 2, 3, 5 and 7 shall be
omitted;
(iii) for entry 19, following entry
shall be substituted, namely:-
“19.
Capital Acquisitions exclusive to the Defence Services.”;
(iv)
after entry 20, following entry shall be inserted, namely:-
“21. Institute for Defence Studies and
Analysis, National Defence College and any other organisation within the
Ministry of Defence whose remit is broader than military matters.”;
(b) after the sub-heading “A.
DEPARTMENT OF DEFENCE (RAKSHA VIBHAG)” and entries thereunder, the following
sub-heading and entries shall be inserted, namely:–
“AA. DEPARTMENT OF MILITARY AFFAIRS
(SAINYA KARYA VIBHAG)
1. The Armed Forces of the Union,
namely, Army, Navy and Air Force.
2.
Integrated Headquarters of the Ministry of Defence comprising of Army
Headquarters, Naval Headquarters, Air Headquarters and Defence Staff
Headquarters.
3. The Territorial Army.
4. Works relating to Army, Navy and
Air Force.
5.
Procurement exclusive to the Services except capital acquisitions, as per
prevalent rules and procedures.
6.
Promoting jointness in procurement, training and staffing for the Services
through joint planning and integration of their requirements.
7.
Facilitation of restructuring of Military Commands for optimal utilisation of
resources by bringing about jointness in operations, including through
establishment of joint/theatre commands.
8. Promoting use of indigenous
equipment by the Services.”
RAM
NATH KOVIND
PRESIDENT
[F.
No. 1/21/17/2019-Cab.]
RACHNA
SHAH, Addl. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring
Road, Mayapuri, New Delhi-110064
and Published by the
Controller of Publications, Delhi-110054.
In the book 'Reforming and Restructuring: Higher
Defence Organisation of India', published by Centre for Joint Warfare Studies,
Brigadier (Dr) Rajeev Bhutani (retd) wrote, "…India is the only country in
the world, where the Secretary in the Department of Defence -- a generalist
civil servant drawn from diverse background and who serves in the Ministry of
Defence for a fixed tenure -- has been made responsible for 'the Defence of
India and every part thereof including preparation for defence."
Brigadier (retd) Bhutani wondered, "Does it
mean that a bureaucrat heading the Defence Ministry will formulate the
operational plans for war fighting and Chiefs of Staff will execute it. If that
was an anomaly then it should have been rectified by now."
After the
announcement & appointment of CDS
1. Defence Secretary still heads the Department of Defence
(DoD). His remit includes, “Defence of India and every part thereof
including preparation for defence and all such acts as may be conducive in
times of war to its prosecution and after its termination to effective
demobilisation.”
Question: So where does the CDS
feature in the scheme of war – preparation, execution and conclusion?
2. There will now be 5 Departments (Deptts) under the MoD (in
the order) (A) Department of Defence (DoD), (AA) Deptt of Military Affairs
(DMA), (B) Deptt of Defence Production (DDP), (C) Defence Research Development
Organisation (DRDO) and (D) Deptt of Ex-Servicemen Welfare (DESW).
Gen Bipin Rawat is a Cab Secy
level officer (by virtue of having been in the Apex I scale of pay as COAS).
Each, other than head of DMA, is
a Secretary level officer.
Question: Why
is DMA is sub-clause of DoD? Why not some cosmetic effect by have it as a
separate Department responsible only to the RM?
3. There is no
mention whether CDS retains the status of equivalence with the Cabinet
Secretary (Apex I scale of Rs 2, 50, 000) and yet work with/report to the
Defence Secretary (Apex II scale of Rs 2, 25, 000)?
The Gazette notifications of 28
Dec 2019 and 30 Dec 2019 are silent on the status of the CDS vis-à-vis the
Defence Secretary, though the CDS, as former COAS is equivalent to Cabinet
Secretary.
4. How will CDS be responsible for modernisation of the Armed
Forces if the Capital acquisitions are still under the remit of the Def Secy?
See S No. 5 in the remit of the DMA.
5. If the Defence Forces Chiefs will interact directly with the
Raksha Mantri on matters concerning their respective forces, how will CDS
ensure jointness? Or will the RM have to decide whose advice to take?
6. Though the Commands till now under Chief of Integrated
Defence Staff (CIDS) report to CDS, who will decide the manpower resources? The
Chiefs of the Defence Forces?
Now, is that for the "Defence
Analysts & Strategic Affairs experts" to shed some light on?
* * * * * *
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