Delhi High Court upholds constitutional validity of Agnipath military recruitment scheme

KEY HIGHLIGHTS: 

• Delhi HC upholds constitutional validity of Agnipath scheme for defence forces
• Recruitment for defence forces different compared to other public offices, Delhi HC rules
• No candidate has been subjected to any form of prejudice, as per Delhi HC

The Delhi High Court has upheld the constitutional validity of the Central government’s Agnipath military recruitment scheme. The top court said the scheme is in the national interest and that it does not find any reason to interfere with the scheme. The Delhi High Court division bench’s comments came while dismissing petitions that challenged the Agnipath scheme and sought resumption and enrolment as per the prior Indian defence services recruitment scheme. 

The division bench headed by the Chief Justice of Delhi High Court was quoted as saying by news agency ANI, “The scheme is made in the national interest and to ensure that armed forces are better equipped.” Appearing on behalf of the Central government, Additional Solicitor General (ASG) Aishwarya Bhati said during the course of the hearing that over 10 lakh aspirants have been given age relaxation under the scheme. 

The Centre informed the Delhi High Court that none of the candidates who participated in the earlier recruitment process has been subjected to prejudice of any kind. The Centre also stated that recruitment in the armed forces happens on a different footing compared to employment in public offices as the former focuses on the maintenance of national security. 

Advocate Prashant Bhushan, who appeared for one of the many petitioners, called the Centre’s decision arbitrary and unfair and said there is no real reason behind this decision. The senior advocate further argued candidates whose select list was out were made to wait for around two-and-a-half years. 

ASG Bhati countered Bhushan’s argument and said, “There is a difference between the Navy and other defence forces. The Navy cannot afford to put on hold the process as it will impact its operational capabilities and war readiness. They had modified the recruitment plan.”

She added that selection does not amount to a right to an appointment and the process was delayed due to the coronavirus pandemic. Protests broke out in several parts of India after the Centre rolled out the scheme due to shorter tenure and fewer benefits it has to offer. 

The Agnipath scheme proposes to induct youth temporarily into defence forces for a span of four years and will be known as Agniveers. 

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