The Inter-Services Organisations (Command, Control, and Discipline) Act

The Inter-Services Organisations (Command, Control, and Discipline) Act has been officially announced through a Gazette Notification, set to take effect from May 10, 2024. This legislation, aimed at enhancing the efficacy of command, control, and the smooth operation of Inter-Services Organisations (ISOs), was passed by both chambers of Parliament during the Monsoon Session of 2023. It received presidential approval on August 15, 2023.

This Act grants authority to Commanders-in-Chief and Officers-in-Command of ISOs to oversee Service personnel under their command, ensuring disciplined conduct and efficient administration, while respecting the unique service conditions of each Service member.

Upon its notification, the Act will empower ISO leaders, facilitating swift case resolution, eliminating redundant proceedings, and fostering greater cohesion and cooperation among personnel across the Armed Forces.

What is Theaterisation?

Tri-services theaterisation refers to the process of integrating the three branches of the military – the Army, Navy, and Air Force – into unified theater commands. These commands are designed to enhance synergy, efficiency, and operational effectiveness by pooling together resources and capabilities across the services for specific geographic areas or operational scenarios.

The concept aims to streamline command and control structures, facilitating coordinated planning and execution of joint military operations. By breaking down traditional service-centric boundaries, tri-services theaterisation seeks to optimize the use of assets, reduce duplication, and improve overall military readiness and responsiveness.

Tri-services theaterisation represents a strategic shift towards more integrated and agile military operations, reflecting the evolving nature of modern warfare and the need for adaptive, joint approaches to address complex security challenges.

India currently operates two fully operational unified commands:

1. Andaman and Nicobar Command (ANC): Formed in 2001, the ANC serves as an integrated theatre command operating in the Andaman and Nicobar Islands area.

2. Strategic Forces Command (SFC): Established in 2003, the SFC is responsible for managing India's nuclear arsenal and operates as an integrated functional command.

             The Legislation

3. Definitions:(1) In this Act, unless the context otherwise requires,—

(a) "Air Officer" means any officer of the Air Force above the rank of group

captain;

(b) "Chief of Defence Staff" means an officer of the regular Army, or the Indian

Navy, or the Air Force, as the case may be, appointed as such by the Central

Government;

(c) "Commander-in-Chief" means a General Officer of the regular Army, or a

Flag Officer of the Indian Navy, or an Air Officer of the Air Force, appointed as

Commander-in-Chief of a Joint Services Command, and in his absence, the officer on

whom the command devolves;

(d) "Commanding Officer" means the officer in actual command of the unit, ship

or establishment and includes an officer appointed as such by the Commander-in-Chief

or the Officer-in-Command, as the case may be, of an Inter-services Organisation;

(e) "Flag Officer" means an officer of the rank of Admiral of the Fleet, Admiral,

Vice-Admiral or Rear-Admiral;

(f) "General Officer" means an officer of the regular Army above the rank of

Brigadier;

(g) "Inter-services Organisation" means a body of troops including a Joint

Services Command consisting of persons, subject to the Air Force Act, 1950, the

Army Act, 1950 and the Navy Act, 1957 or any two of the said Acts;

(h) "notification" means a notification published in the Official Gazette;

(i) "officer", in relation to an Inter-services Organisation, means an officer as

defined in clause (xxiii) of section 4 of the Air Force Act, 1950, or clause (xviii) of

section 3 of the Army Act, 1950, or clause (16) of section 3 of the Navy Act, 1957, as

the case may be;

(j) "Officer-in-Command" of an Inter-services Organisation means either a

General Officer of the regular Army, or a Flag Officer of the Indian Navy, or an Air

Officer of the Air Force, appointed as the Officer-in-Command of an Inter-services

Organisation, other than Joint Services Command, and in his absence, the officer on

whom the command devolves;

(k) "regulations" means the regulations made under the respective Service

Acts;

(l) "rules" means the rules made under this Act and under the respective Service

Acts, as the case may be;

(m) "Service Acts" means the Air Force Act, 1950, or the Army Act, 1950, or the

Navy Act, 1957 or any two of the said Acts or all the said Acts; and

(n) "service personnel" means persons who are subject to any of the Service

Acts.

(2) Words and expressions used herein and not defined but defined in the Air Force

Act, 1950, or the Army Act, 1950, or the Navy Act, 1957 shall have the meanings, respectively,

assigned to them under the said Acts.

4. Special provision for certain forces under Central Government.

(1) The Central Government may, by notification, specify any force or any part

thereof, raised and maintained in India under the authority of the said Government, to which

all or any of the provisions of this Act shall, with or without modifications, apply and

accordingly all the officers referred to in clause (i) of sub-section (1) of section 3 shall be

deemed to be officers within the meaning of the respective Acts relating to the said forces.

(2) Upon issuance of a notification under sub-section (1), the authority to exercise all

the disciplinary and administrative powers under the respective Acts governing such force

or any part thereof including the powers conferred by warrants or commissions issued

under such Acts governing that force or any part thereof, shall vest in the Commander-in-Chief

or the Officer-in-Command, as the case may be, of the Inter-services Organisation.

(3) Where any of the provisions of this Act applies to a force or any part thereof as

referred to in sub-section (2), the Central Government may, by notification, direct that by

what authority or which officer, the jurisdiction, powers or duties incidental to the operation

of the provisions of this Act shall be exercised or performed in respect of that force or any

part thereof.

5.Constitution of Interservices Organisation or Joint Services Command.

 (1) The Central Government may, by notification, constitute an Inter-services Organisation, which may include a Joint Services Command, comprising of units or service personnel who are subject to any of the Service Acts, as may be placed under the command of the Commander-in-Chief or, as the case may be, the Officer-in-Command.

(2) The Central Government may, by an order published in the Official Gazette, direct that any power exercisable by the Commander-in-Chief or, as the case may be, the Officer-in-Command may also be exercisable by any other officer specially empowered in this behalf by the said Government.

6.Powers of Commanderin-Chief or Officer-inCommand.- (1) The Commander-in-Chief or, as the case may be, Officer-in-Command of an Inter-services Organisation, shall be the head of such Inter-services Organisation and shall exercise command and control over the personnel serving in or attached to that Inter-services Organisation, for the purpose of maintenance of discipline and proper discharge of their duties.

8. Commanding Officer.: The Commanding Officer of an Inter-services Organisation shall, in addition to having command over any unit, ship or establishment, also perform such duties as may be assigned to him in respect of such Inter-services Organisation by its Commander-in-Chief or, as the case may be, the Officer-in-Command and shall be empowered to initiate all disciplinary or administrative actions over the personnel appointed, deputed, posted or attached to that Inter-services Organisation

.13. Protection of action taken in good faith 

No suit, prosecution or any other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.