Thursday, September 12, 2019

PART 5: CDS OR GATEWAY TO INSTITUTIONAL DICTATORSHIP - COMMISSIONED OFFICERS INDIAN ARMED FORCES

SOURCE:
https://signals-parivaar.blogspot.com/search?q=cOMMISSION+OFFICERS
CDS 

 Part 30 of N Parts
https://bcvasundhra.blogspot.com/2019/11/cds-jointness-pla-part-central-theater.html

 Part 29 of N Parts
https://bcvasundhra.blogspot.com/2019/11/part-29-cds-jointness-pla-strategic.html

 Part 28 of N Parts

 Part 27of N Parts
https://bcvasundhra.blogspot.com/2019/10/chinas-future-naval-base-in-cambodia.html

 Part 26 of N Parts
https://bcvasundhra.blogspot.com/2019/10/part-26-cds-jointness-pla-n-strategic.html

Part 25 of N Parts
https://bcvasundhra.blogspot.com/2019/10/part-25-cds-jointness-pla-southern.html

 Part 24 of N Parts
https://bcvasundhra.blogspot.com/2019/10/part-24-cds-jointness.html

 Part 23 of N Parts
https://bcvasundhra.blogspot.com/2019/10/part-22-cds-jointness-pla-chinas-three.html

 Part 22 of  N  Parts

https://bcvasundhra.blogspot.com/2019/05/peoples-liberation-army-deployment-in.html


 Part 21 of  N  Parts 
https://bcvasundhra.blogspot.com/2019/09/cds-part-9-cds-jointness-pla-part-x-of.html

Part 16 TO Part 20 of N Parts

https://bcvasundhra.blogspot.com/2019/10/part-16-to-part-20-cds-jointness-list.html


 Part 15 of  N  Parts 
https://bcvasundhra.blogspot.com/2019/09/cds-part-10-pla-q-mtn-war-himalayan.html

 Part 14 of  N  Parts 
https://bcvasundhra.blogspot.com/2019/09/cds-jointness-pla-part-x-of-n-parts-new.html

 Part 13  of N Parts
https://bcvasundhra.blogspot.com/2019/09/cda-jointness-pla-pla-system-of-systems.html

Part 12  of N Parts
https://bcvasundhra.blogspot.com/2019/09/part-12-cds-jointness-pla-military.html

 Part 11 of N Parts
https://bcvasundhra.blogspot.com/2019/09/china-defense-white-papers1995.html

Part 10 of N Parts
https://bcvasundhra.blogspot.com/2019/09/part-10-cds-jointness-pla-series.html

Part  9 of N Parts
https://bcvasundhra.blogspot.com/2019/08/cds-part-8-making-cds-effective-is.html

Part  8 of N Parts
https://bcvasundhra.blogspot.com/2019/09/cda-part-goldwater-nichols-department.html

Part 7 of N Parts
https://bcvasundhra.blogspot.com/2019/08/cds-part-6-chief-of-defence-staff-needs.html

Part 6 of N Parts:
https://bcvasundhra.blogspot.com/2019/08/the-constitutional-provisions-for.html

Part 5 of N Parts:
https://bcvasundhra.blogspot.com/2019/08/part-4-cds-or-gateway-to-institutional.html

Part 4 of N Parts:
https://bcvasundhra.blogspot.com/2019/08/chief-of-defence-staff.html

Part 3 of N Parts:
https://bcvasundhra.blogspot.com/2019/08/fighting-separately-jointness-and-civil.html

Part 2 of N Parts:
  https://bcvasundhra.blogspot.com/2019/08/jointness-in-strategic-capabilities-can.html


                     





                   FIRST PART OF TWO PARTS

                                CDS  OR  GATEWAY 
                              TO
    INSTITUTIONAL DICTATORSHIP
                  VIA DILUTION 
                              OF 
       CONSTITUTIONAL  POWERS
 [ https://www.youtube.com/watch?v=-QWtR-V4qEU ]



Published on Mar 5, 2017

Article 34 in The Constitution Of India 1949 34. Restriction on rights conferred by this Part while martial law is in force in any area Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area


      PART 4:  COMMISSIONED OFFICERS                    INDIAN  ARMED FORCES


Probability of rise of civilian dictators, political, Dynast, or Bureaucrat, are more than the rise of a military dictator. 

Baba Saheb Ambedkar therefore under this article, entrusted military a role of silent and invisible custodian of Indian democracy. 


 A Commission carries with it the authority of the Constitution to exercise the powers of the State so  vested in the President as mandated, specially of the command of soldiers. Technically(..read legally)these powers in its proportionate  quantum trickles down to the level of Lance Naik (Lance Corporal)under certain circumstances as & when circumstances force him to act when isolated or directed to hold a post independently. These powers flow automatically down the proper channel and cannot be delegated, deviated or appropriated .COMMISSION IS A POWERFUL WEAPON WHICH EMPOWERS THE ARMED FORCES  THROUGH THE CUSTODIAN OF THE CONSTITUTION,THE PRESIDENT, OF INDIA TO ENSURE THE RULE OF CONSTITUTIONAL LAW .



            COMMISSIONED OFFICERS 

                           OF

            THE  INDIAN ARMY

                           

                          By


WHAT IS MEANT BY  COMMISSIONED
Sadly and regretfully,  we the Armed Forces Officers  neither know the meaning of being a "commissioned" officer nor it is a part of our curriculum in the Training Academies or the officer’s courses at any level. You as a commissioned officer are the only category who get a commissioning parchment stamped in the name of the President, earlier it was the King or the Queen who stamped the parchment. By tradition the President uses his stamp and does not sign. No civil servant of even the so called organised Group “A” Officer gets anything like this. They get an appointment letter signed by some Under Secretary in their department.

A commission carries with it the authority of the Constitution to exercise the powers of the State so  vested in the President as mandated, specially of the command of soldiers. 
Let us just compare the oath which is administered to the Commissioned officers.

OATH OF AN INDIAN ARMY OFFICER!!

I,   (name) hereby solemnly swear that I will bear true faith and allegiance to the Constitution of India,
as by law established and that I will, as in duty bound honestly and faithfully,
serve in the regular Army of the Union of India and go where ever ordered, by land, sea or air,
and that I will observe and obey all the commands of the President of the Union of India and the commands of any officer set above me, even to the peril of my life.

On the contrary the civil servants are like staff of the Executive to assist them in carrying out their constitutional duties. They have no authority of their own except when appointed in the capacity of deputy commissioners/commissioners etc. The term Commissioner comes from the same word i.e  Commission which we all were while in service.

OATH TAKEN BY A CIVIL SERVANT !!

OATH OF ALLEGIANCE   I, Dr. / Shri / Smt. / Ms._________________Disignation_______________, do swear/solemnly affirm that I will be faithful and bear true allegiance to India and to the Constitution of India as by law established, that I will uphold the sovereignty and integrity of India, and that I will carry out the duties of my office loyally, honestly, and with impartiality.
   Note – In most cases it is seen that the civil servant simply signs the oath which is then filed by the office superintendent.

  It is Just like an ordered Committee, which carries no constitutional authority or powers but a duly constituted Commission does carry mandated powers and authority. All the commissions like UPSC, Women Commission etc have the powers of the state (vested in the President of India by the constitution) to exercise within the allotted ambit.
Similarly, an Area/Sub Area Commander can declare Martial law under Art. 34 of the Constitution if the civil authority gets broken down. That's the reason why the whole country is divided into Areas under the Army Commanders.

We have been happy keeping ourselves busy in drill, PT, minor tactics of the CI variety. In the process we have even forgotten what is operational art ...what to talk of strategy. End result is that we have been taken for a royal ride by all. Our bosses have accepted going to war without any legal backing. Sri Lanka and Kargil are prime examples. Hence we get no cover of Geneva Conventions for such acts. Such things have happened because our brass has neither the knowledge nor the spine to stand up.

That's why I say that we leave our brains behind and come out as robots. know the meaning of being a "COMMISSIONED" officer. Nor is a part of our curriculum in any of the courses. You are the only category who get a commissioning parchment stamped in the name of the President. Earlier it was the King or the Queen. By tradition the President only uses his stamp and does not sign. No civil servant gets anything like this. They get an appointment letter signed by some Under Secretary.

A commission carries with it the authority of the Constitution to exercise the powers (especially of command) of state as mandated. 

On the contrary the civil servants are like staff of the Executive to assist them in carrying out their constitutional duties. They have no authority of their own except when appointed in the capacity of deputy commissioners/commissioners etc. The term Commissioner comes from the same word that is Commission which we all were while in service.

Just like a Committee carries no constitutional authority but a Commission does. All the commissions like UPSC etc have the power of the state (vested in the President) to exercise powers within the allotted ambit.

Similarly, an Area/Sub Area Commander can declare Martial law under Art. 34 of the Constitution if the civil authority has broken down. That's the reason why the whole country is divided into Areas under the army commanders.

So neither have we made an attempt to know and realise our real powers vested in the document and act of "commission" nor have the hierarchy made an attempt to make this main stream. It suits the Netas and the Babus very well.

We have been happy keeping ourselves busy in drill, PT, minor tactics of the CI variety. In the process we have even forgotten what is operational art ...what to talk of strategy. End result is that we have been taken for a royal ride by all. Our bosses have accepted going to war without any legal backing. Sri Lanka and Kargil are prime examples. Hence we get no cover of Geneva Conventions for such acts. Such things have happened because our brass has neither the knowledge nor the spine to stand up.

That's why I say that we leave our brains behind and come out as robots.

 -----------------------------------------------------
source:
https://www.quora.com/What-is-Article-34-of-the-Indian-Constitution



What is Article 34 of the Indian Constitution?
Article 34 of Constitution of India – Restriction on rights conferred by this Part while martial law is in force in any area Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.
>TDeclaration of martial law is a bit obscure and there is no specific provision in the constitution that authorises executive or any other higher authorities to declare it.
>Also, Indian armed forces can do it due to vagueness in its declaration procedure as defined by the Indian constitution.
>But, the ethos and working style of the Indian army is such that such a declaration is quite unlikely to happen.
>Also, it is implicit in Article 34 under which martial law can be declared in any area within the territory of India.
>He won’t be punished because he’s believed to have done that in order to maintain peace and this has to done by the Parliament by passing a law and therefore doesn’t provide an easy escape route for anyone.
>Martial law imposes restrictions and regulations on the rights of the civilians, can punish the civilians and even condemn them to death.
>The Supreme Court held that the declaration of martial law does not ipso facto result in the suspension of the writ of habeas corpus.

>The declaration of a martial law under Article 34 is different from the declaration of a national emergency under Article 352.

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