Showing posts with label Armed Forces India. Show all posts
Showing posts with label Armed Forces India. Show all posts

Wednesday, July 21, 2021

AKSAI CHIN : Enemy at the Gates and a 910-km walk

 SOURCE : https://www.tribuneindia.com/news/features/enemy-at-the-gates-and-a-910-km-walk-105625


Aksai Chin:Enemy at the Gates & a 910km Walk

                                Lt-Gen Baljit Singh (retd)

60 years ago, Capt SL Tugnait walked the distance to assess the situation arising from Chinese intrusions in Ladakh

                          Brig (Captain) SL Tugnait 

Unbelievable as it may sound, but way back in 1957, our prudent mandarins in South Block had prescience of China’s impending military intrusions across the well-acknowledged boundary of Northeastern Ladakh. So, an audacious reconnaissance was conceived to assess the ramifications arising therefrom and Captain SL Tugnait was picked from among volunteers to lead the assignment.

            Ladakh and Karakorams showing Tugnait’s reconnaissance route.

                                             Retracing his steps

             :Zoomed insegment of a panorama of Kashmir,

When Tugnait walked out from Leh for Darbuk on his outward journey, he trudged across the very same place names that today are among proven PLA strongholds (Pangong Ridge South Top, Phobrang, Kongka la, Lingzithang, Aksai Chin plateau, Hazilangar and so on). And on the return journey, he passed by places (Karakoram Pass, Daulat Beg Oldie, Saser la, Khardung la ) in whose vicinity the Indian armed forces have stood entrenched in counter-poise to checkmate the PLA from any further westwards mischief.

The plucky Captain covered a hitherto unchartered route of some 910 km at mean elevation of 15,700 ft above sea level, crossing four among the world’s highest mountain passes and terminating at Leh about three months later! Bravo Tugnait for the kind of perseverance truly beyond the call of duty!

Fundamental provocation for this incredible exploration arose from the emergence of the two sibling sovereign republics in 1947 and 1949 namely, India and China in that order. While India’s freedom movement was anchored by Mahatma Gandhi around the ideology of non-violence, China’s was the offshoot of a full-blown war against the Japanese invasion of mainland China in 1938, followed by another decade of bloody civil war during the PLA’s “Long March”.

Admittedly, there was no formal unity of purpose between these two Asian nations during their struggles for national emancipation, yet there was a sense of unstated sympathy for each other’s goal. So much so that in 1938 Chinese General Zhu De made a formal request to Jawaharlal Nehru for a team of physicians and surgeons to manage their mounting battlefield casualties. The Congress party promptly dispatched a team of five volunteers led by Dr Kotnis and a respectable gift of Rs22,000 stacked during the All-India China Day Fund Raising drive while another donor wisely provided an ambulance.

On disembarkation at Hankou port in Wuhan province, the Indian medicos were received personally by Mao Zedong, General Zhu De and other top leaders of the Communist Party. This bonhomie received further boost with an invitation for a visit by Nehru which may have sown the idea of Nehru’s latter days’ optimism in the spirit of “Hindi Chini Bhai Bhai!” and who could fault him but narrow-minded sceptics? For that matter PM Narendra Modi’s Wuhan outreach to China, 80 years later, is in the same league; both efforts were afloat on wings of optimism in India but, soon after, floundered by deceit of China.

But this maiden ideal of peaceful coexistence was rudely jolted by China in 1954 when PLA besieged Lhasa with a garrison of about 4,000 combat hardened and motivated soldiers and commenced the process of building a road linking Xinjiang province to Lhasa. So, what for aeons had been a peaceful Indo-Tibet border would sadly become the most bitterly disputed Sino-Indian border that has remained on the boil to present times.

The most worrisome for India was the alignment of the road to Lhasa (NH 219) as it cuts across Ladakh’s Aksai Chin plateau and thus unilaterally altered the border alignment of the northeastern segment of India’s Ladakh province. India had barely stemmed military hostilities ignited by Pakistan in J&K by January 1949 and here was NH 219 with portents of even bigger military challenges to India in the Ladakh region.

Captain Tugnait, who retired as a Brigadier, on his part completed his mission successfully, yet his accomplishment lies all but forgotten except for an entry in the Register for MacGregor Memorial Medal, for 1958. It goes:

“Captain S.L. Tugnait... Air OP Squadron, Regiment of Artillery. Valuable Military Recce in Northern Ladakh. Covered the route from Leh over the 21,000 ft Chang La (Sic. 17,590 ft) into the Shyok River Valley to Ponyvang Lake (Sic. Pangong Tso). From there to Quazi-Haji Langer-Quaratag Pass, and back by the Karakuram Pass to Daulat Beg Oldi - Sasar Kangri over the Sasar La into the Nubra Valley and back to Leh over the 19,600 ft Kharding La”.

As may be imagined, Tugnait’s report remains off limits for public perusal but we may safely conclude that it led to (i) the positioning of an Indian Army brigade-sized force in Ladakh in 1959, subsequently upgraded to a division by 1962; and (ii) occupation of a chain of platoon-company outposts (armed with bolt action rifles and limited ammunition) starting from Daulat Beg Oldie all along the India-Tibet/China boundary eastwards to Longju in Siang Valley and Kibithu in the farthest corner of Lohit valley (Arunachal Pradesh). In the strict cartographic domain, this should have left no scope of misinterpretations pertaining to what both by authenticated cartography as also “by custom and usage” principle had always been India’s frontiers with her neighbours.

It is almost impossible for any Indian citizen to truly “dream” up from the contours on cartographic map sheets, the barren and inhospitable terra firma in extreme, of Tugnait’s reconnaissance region or the logistical nightmare for sustaining such a military deployment against the adversary as an ongoing posture. Fortunately, there exists a three-dimensional panorama by Serbjeet Singh (an extraordinary cinematographer and painter of the Himalayas) which shows up both the magical and the maddening dimensions of the region as nothing else can and is reproduced by the kind courtesy of his son. As per a notation by Serbjeet on the lower margin of the painting, the framed original used to be in the Prime Minister’s Office.

When I zoom in the precise area of reconnaissance route from the panorama, I am simply awed by Tugnait’s mental and physical endurance and his gutsy perseverance to cheerfully face extreme odds in the discharge of his duty. I am proud and humbled to have served the first two years of my career under him.



Friday, September 13, 2019

CDS PART 6:THE CONSTITUTIONAL PROVISIONS FOR THE EXECUTIVE AUTHORITY OF THE INDIAN ARMED FORCES

SOURCE:


http://mycriticalreviews.blogspot.com/2016/

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


                     

                  SECOND  PART OF THREE PARTS

                             
                                         CDS  OR  GATEWAY 
                                     TO
             INSTITUTIONAL DICTATORSHIP
                              VIA DILUTION 
                                     OF 
               CONSTITUTIONAL  POWERS





   THE CONSTITUTIONAL PROVISIONS 
                               FOR 
           THE EXECUTIVE AUTHORITY 
                             OF 
     THE INDIAN ARMED FORCES
                               BY
         COL ASHOK KUMAR SINGH

                      [ http://mycriticalreviews.blogspot.com/2016/ ]





Probability of rise of civilian dictators are more than rise of a military dictator. 

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



Constitutional Military Executive Authority of the Soldiers comes out of the following Articles of the Constitution:



1. Article 18: respects the "Title of Ranks" of Soldiers even after his death. Soldiers never retire. Title of Ranks never die. 


2. Article 34:

 Gives military a political executive authority to intervene by declaring martial law only to restore democracy.  In India parliamentary democracy is supreme. This article makes Indian military as soldiers totally committed to democracy and "we the people". There may be situation where state fails to govern as per constitution or parliament is unable to function due to any reasons or rise of a civilian dictator endangers democracy or external/ internal aggression endangers it . In such situations constitution makes obligatory on military authorities to intervene to protect and restore democracy. Baba Saheb Ambedkar was a very wise man. He could sense that in independent India,

probability of rise of civilian dictators are more than rise of a military dictator. 

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

 History of independent India is testimony to the fact that Baba Saheb was right. Military has been loyal to constitution and we the people whereas Indra tried to become dictator declaring unconstitutional emergency. Military did play its role to protect democracy, when then Army Chief cautioned Indra to remain within limits of constitution. In fact emergency was lifted as all three chiefs wrote a top secret letter to Indra Gandhi advising her to lift emergency and call for elections. Probably this is right time the content of this letter shall be disclosed to public. 

3. Article 52 read clubbed with Article 74:

The sovereign authority of govt is vested in the President who wears two distinct hats. One of being head of civil political govt and other of supreme commander of defense forces. These two roles of the president are independent. Under this article the hard and soft national powers are identified and constitutionally divided. While the democracy under the pre-dominance of soft power functions under the leadership of Prime Minister and his cabinet, the total command authority over the hard power of military is denied to him/her ( Prime Minister ) . Baba Saheb was a visionary and had deep knowledge of Indian history. He wisely so separated national hard power from the national soft power. Baba Saheb knew if PM or defense minister are given total command authority over military it will give rise to many civilian dictators.  Therefore under this article if read clubbed with article 74, the political direction to military comes from cabinet headed by PM, administrative support comes from ministry of defense and military retains the authority and freedom to take military executive decisions and that is the reason precisely military is an attached organisation to the political govt. Constitutionally, military can not be subordinate to PM and his cabinet as President who is senior to PM is its head and also PM is not given command of military. In Indian democracy where PM exercises executive political authority and President is constitutional head of military, services HQ can only be integrated with civil govt and can not be merged as is the case in USA.  

4. Co-relation of Article 34 on Article 52 and 74. Articles 52 and 74 do not take away the authority as vested in supreme commander of defense forces and military commanders as Silent and Invisible Custodians of Indian Democracy. There could be situation where advice of PM (aspiring to become a dictator) and his cabinet to President could be detrimental to democracy. Under article 52 and article 74, president is left with no choice except to accept their advice after one review however under article 34 supreme commander of defense forces or military commanders can exercise military authority as vested in them only to defend constitution and democracy.

---------------------------------------------------------------------------------------------------------------------------------------------


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.


-----------------------------------------------------------------------------


What is Article 18,  of the Indian Constitution?





Article 18 in The Constitution Of India states
Abolition of titles 
No title, not being a military or academic distinction, shall be conferred by the State . No citizen of India shall accept any title from any foreign State. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State .No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State .

In a true democracy, there is no space for artificial distinctions among the same society.
 Titles such as Maharaj, Rai Bahadur, Sawai, Rai Sahab, Zamindar, taluqdar etc were prevalent in medieval and British India. All these titles were abolished by article 18 of the constitution.


---------------------------------------------------------------



What is Article 52,  of the Indian Constitution?


Article 52 of Indian Constitution

Chapter I {The Executive}

Article 52 {The President of India}

There shall be a President of India.

Article 53 {Executive power of the Union}

  1. The executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
  2. Without prejudice to the generality of the foregoing provision, the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.
  3. Nothing in this article shall-
    1. Be deemed to transfer to the President any functions conferred by any existing law on the Government of any State or other authority; or
    2. Prevent Parliament from conferring by law functions on authorities other than the President.

-----------------------------------------------------



What is Article 52,  of the Indian Constitution?



Article 74 of Indian Constitution


Article 74 {Council of Ministers to aid and advise President}

  1. There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice:
    Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
  2. The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.








 Co-relation of Article 34 on Article 52 and 74.



 Articles 52 and 74 do not take away the authority as vested in supreme commander of defense forces and military commanders as Silent and Invisible Custodians of Indian Democracy. 




















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 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.