The President of India has taken strict action and dismissed an Indian Army Major, who was stationed in a Strategic Forces Command (SFC) unit. The dismissal came in light of the Major’s involvement in serious national security breaches as revealed by an Army inquiry. Leveraging her authority under the Army Act, 1950, and with Article 310 of the Constitution, the President executed his immediate termination.
Ethical Concerns Over Army Major’s Actions
Upon initiating the Army inquiry in March 2022, it was revealed that the Major had violated several codes of ethics including sharing classified information, suspicious financial transactions, and connections with a Pakistani intelligence operative via social media. He was also found in possession of secret documents on electronic devices which is against Army regulation, raising significant ethical and national security concerns.
Presidential Authority and Legal Basis
The President, using her capacity under Section 18 of the Army Act, 1950, and other relevant powers, immediately terminated the services of the Major, exercising her executive authority within the framework of established legal provisions. This action emphasizes the commitment to uphold ethical standards and maintain the integrity of the military.
Broader Implications and Ongoing Investigations
The termination orders underline the importance of ethical conduct, integrity, and national security in the armed forces. Disciplinary actions have also been taken against a Brigadier and a Lieutenant Colonel for social media policy violations, further emphasizing the significance of the Code of Conduct. The investigation highlighted the Army’s vigilance in addressing potential security breaches and lack of Devotion-To-Duty. The military’s continued effort to safeguard classified information remains a crucial focus.
About Articles 309, 310, 311 of the Constitution of India
Article 309 grants the Parliament and State legislature the power to regulate recruitment and conditions of service of persons appointed to public services. According to Article 310, a civil servant works at the pleasure of the President or Governor. However, this power is not absolute. As per Article 311, no government employee can be dismissed or removed by an authority subordinate to their appointing authority. Furthermore, there should be a proper inquiry where the accused gets a chance to address the charges against them. Exceptions are made under certain circumstances specified in clause 2 (a), (b), and (c) of Article 311.
Key Provisions of the Army Act, 1950
The Army Act, 1950, details the procedures for enlisting, service terms, and retirement conditions for army personnel. It also outlines offenses punishable by the Army Act, legal framework for convening courts-martial, legal rights and safeguards for individuals facing court-martial, and detention rules for military personnel. The Armed Forces Tribunal Act 2007 establishes a specialized judicial body, the Armed Forces Tribunal, to hear appeals and petitions related to military matters.
About Strategic Forces Command
Strategic Forces Command (SFC) is one of the two tri-service commands, along with the Andaman and Nicobar Command (ANC). SFC oversees the delivery and operational control of the country’s nuclear assets. Created in 2003, it is not an integrated theatre command due to its lack of geographic responsibility but is an integrated functional command.
Comprehensive awareness about such events and regulations is necessary for those preparing for civil services examinations. Questions on topics like the election of the President or the constitutional process for amending the Constitution often appear in these exams.
