Delhi High Court upholds Centre's Agnipath scheme for recruitment in armed forces

The Agnipath scheme, unveiled on June 14, 2022, lays out rules for the recruitment of youth in the armed forces

The Delhi High Court on Monday upheld the constitutional validity of the Union government's Agnipath scheme for short-term recruitment to armed forces, saying it was in the national interest for the country to have better-equipped forces, consisting of more youthful, agile, and physically adept individuals.

A bench of Chief Justice Satish Chandra Sharma and Subramonium Prasad found no reason to interfere with the policy decision in view of the stated objective of the scheme, which is "neither discriminatory nor mala fide, or arbitrary".

The court rejected a batch of petitions against the scheme as well as a plea to stop the recruitment process.

After recording arguments, the court said it appeared that the government has been considering it for a long time, on taking the opinions of expert bodies, and defence personnel, and carefully studying the models adopted by other nations.

The Ministry of Defence had announced the scheme by a notification issued on June 15, 2022.

Immediately thereafter massive protests had broken out in several parts of the country, in opposition to the recruitment of candidates between 17.5--21 years in the armed forces for a four-year period.

The scheme is a recruitment-generation scheme which will satisfy a large number of unemployed Indian youth and 25 per cent of the Agniveers will be allowed to continue in the armed forces beyond the period of four years, it noted.

"This has been done by the government in order to meet the objective of creating an Armed Force which is agile, youthful, physically fit, and mentally alert. This will bring the Indian armed forces in line with nations such as the inter alia United States, United Kingdom, and France," the court said.

The bench said in view of the laudable objective of maintaining national security is at the heart of the scheme, this court does not find it arbitrary, capricious or devoid of reason.

It also agreed with the contention of the government that 75 per cent of Agniveers could be absorbed in paramilitary forces, and many of them could be given various skill certificates, to be in a better position to gain meaningful employment in other avenues.

"Four years training period would also instil a sense of nationalism in these personnel that would more or less prompt them to use their skills and focus on the development of the country. Such advantages cannot be overlooked and dislodged on the basis of the apprehension that after four years such individuals may be unemployed or the mere apprehension that they may take to illegal or unethical activities, after being trained in the Army," the bench added.

The court also rejected contentions by the petitioners that the Agniveers would not get any pension, granted to soldiers in other nations. The principal distinction between nations such as Israel, which has deployed such a policy, and India, is that the government here has not made it mandatory for the youth of the nation to serve in the armed forces.