The Supreme Court recently dismissed petitions challenging the Delhi High Court’s judgment supporting the Agnipath scheme for armed forces recruitment. This dismissal brought into play discussions on the Doctrine of Promissory Estoppel as it relates to shortlisted candidates from a previously cancelled Army and Air Force recruitment process.
Understanding the Doctrine of Promissory Estoppel
Promissory estoppel originated in contract law. The doctrine aims to prevent a promisor from reneging on an agreement on grounds of lacking “consideration” or something of value exchanged between both parties. It’s generally used by a plaintiff against a defendant in court to either enforce a contract or seek damages for non-performance.
In the Chhaganlal Keshavalal Mehta v. Patel Narandas Haribhai (1981) case, the Supreme Court laid out conditions for deploying the doctrine, including a clear promise, reasonable reliance on said promise by the plaintiff, and resulting loss to the plaintiff.
The Supreme Court’s Approach to the Agnipath Petition
In response to the petition, the Supreme Court cited that “promissory estoppel is always subject to overarching public interest.” The court further clarified that the application of promissory estoppel in public law doesn’t apply here since it’s a public employment case.
Unpacking the Agnipath Scheme
A scheme targeting dedicated, patriotic youth, Agnipath allows them to serve in the Armed Forces for four years under the title of Agniveer. The scheme aims to recruit 45,000 to 50,000 soldiers yearly, with only about 25% of each batch getting recruited back into their services after these four years.
The primary objective of the Agnipath scheme is to lower the Indian Armed Forces’ average age by four to five years. The current average age in the forces is 32, which is expected to drop to 26 within six to seven years.
Agnipath Scheme Eligibility and Benefits
The scheme is open only to individuals below officer ranks, service aspirants between ages 17.5 and 23. Commissioned officers, who hold the army’s highest rank, are not eligible.
Upon completing their four years of service, Agniveers receive a one-time ‘Seva Nidhi’ package worth Rs 11.71 lakhs, including accrued interest. They also get life insurance coverage worth Rs 48 lakh for the four years, with the payout exceeding Rs 1 crore in the event of death, including pay for the unserved tenure. In addition, the government offers rehabilitation help to soldiers exiting the services at the end of the four-year term, including skill certificates and bridge courses.
