LS gives nod to bill to evolve disciplinary code for tri-services military

In an important step towards creating a judicial framework for tri-service command, the Lok Sabha on Friday passed the Inter-Services Organisation (Command, Control & Discipline) Bill , 2023. 

Shortened to ISO Bill, 2023, it shall be applicable to all personnel of the regular army, navy, and air force, and to persons of other forces as notified by the Union government, who are serving in or attached to an inter-services organisation (ISO).

The bill empowers commanders-in-chief (C-in-Cs) and officers-in-command (O-in-Cs) of ISOs with disciplinary and administrative powers over the personnel serving in or attached to such organisations.

Currently, armed forces personnel are governed in accordance with the provisions contained in their respective service acts — Army Act, 1950 for the army,  Navy Act, 1957 for the navy, and Air Force Act, 1950 for the air force.

A new tri-service legal architecture, it is hoped, will bring in benefits such as maintenance of effective discipline by the heads of ISOs.

As the military evolves, it will have to find the instruments to deal with its changing components. These include new elements such as women combat soldiers, cyber laws, artificial intelligence, etc.

“This legislative effort, although belated, is a step in the right direction. It will have to be followed up by the framing of rules and a regulatory framework; and also training of officers to man an enforcement framework,” said former judge advocate general (JAG) Major General Nilendra Kumar. JAG is the military’s senior-most legal officer.

The ISO Bill, 2023 is essentially an enabling act and it does not propose any change in the existing service acts/rules/regulations which are time-tested and have withstood judicial scrutiny over the last six decades or more. 

Service personnel when serving in or attached to an ISO will continue to be governed by their respective service acts. What it does is to empower ISO heads to exercise disciplinary and administrative powers, irrespective of the service they belong to.