Saturday 11 January 2020

My confusion on the Responsibility & Accountability of CDS


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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