• Status of Armed Forces

Sir, Status of Armed Forces as per the Constitution has been downgraded by the Bureaucrats over the years. I want to file PIL to upgrade the Status of Armed Forces above Bureaucrats as existed in the Constitution and pay them all arrears, or lower the status of Bureaucrats to below Armed forces and recover all arrears from them.
Asked 5 years ago in Constitutional Law

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7 Answers

Seventh pay commission lowered the status and remuneration of the Indian armed forces.

 

2) longer service in the Indian Army is rewarded with less compensation than fewer years of service in the police force.

 

3) The Order of Precedence is the official hierarchy of the Republic of India. It denotes the rank of government officials in the ceremonial protocol; an important point of pride and status for all government servants

 

4) the military personnel rankings have been lowered 

 

5) We must empower our officers and soldiers and grant them the position of prominence they deserve. Revising the errors in the 7th Pay Commission decisions and in the Order of Precedence would be a good place to start.

 

6) you can file PIL in HC if you so desire 

Ajay Sethi
Advocate, Mumbai
94731 Answers
7536 Consultations

5.0 on 5.0

Article 12 of the constitution of India defines the State. As per Art.12 State includes

The Union government and the Parliament of India .

The state government and the Legislature of each of the states.

All local or other authorities within the territory of India.

All local and other authorities under the control of the Government of India.


The term authority means a person or body exercising power to command (according to Webster’s Dictionary .) In the context of Art.12 the word authority means a body having the power to make laws, orders, bye-laws, regulations, notifications etc. These orders bye-laws and notifications have the effect of law and the said body also enjoys the power to enforce those laws.

Here Indian Army and so does the other military forces of our nation are directly under the control of the Union government of India. The President is the Chief Commanding officer of all armed forces in the country and these forces are directly controlled by the government through the defence ministry. Army has the power to make bye-laws and regulations to regulate their own internal affairs and they can issue orders and notifications to protect national security or the interst of the nation. Citizens have the duty to obey these orders and the military has the power to enforce those.

Hence the Indian Army along with other armed forces of the nation come under the defenition of state according to Art.12. The main objective of defining the state is to protect the bill of rights or as we call it the fundamental rights. The fundamental rights in part lll of the constitution is a guarantee of the state and we can sue the state if there is an infringement. We can sue only the state in case of an infringemenf of fundamental rights. So any action or inaction of any of the authorities as per Art.12 leads to a violation of any of the fundamental rights guranteed by the constitution we can sue the said authority and thus the State. We can directly approach the Supreme Court(Art.32) or High Courts (Art.226) in case of grieviences.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file the same

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The observation so made by you is good. The law and our constitution guarantees quality among equals and as you through court you can not ask or the direction that you be treated equally at par with employee of other department 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Also, note that the administrative action unless malafide can not be challenged in the court of law. 

Constitutionally, to the best of my knowledge no amendment has been made vide which the status of the army has been reduced. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

What is the status are you referring to here?

How do you know that the status of the armed forces has been downgraded?

The stauts of armed forces or the personnel of the armed forces?

Do you have any evidence that their statuses have ben downgraded?

Do you have any strong reason that due to this they have seytbacks or have been suffering any injury?

If you have  the answers for all the above then be prepared to have a national debate on this by filing a PIL before supreme court with the assistance of a lawyer practicing in supreme court provided you are convincing the said lawyer.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

What was the Constitutional original status of the Armed Forces existed, and what is the Constitutional present status of the Armed Forces existing now 

You are the better person to know about this because it is not understood that what are you referring to the constitutional status of the armed forces?

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

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