Delhi HC rejects petitions challenging Agnipath Scheme’s constitutional validity

The Delhi High Court on Monday rejected petitions challenging the constitutional validity of the Agnipath Scheme for entry into the Indian Armed Forces. The Agnipath Scheme recruits Army, Navy, and Air Force personnel on four-year contracts with an aim to lower the average age of members and minimize pension costs.

‘No reason to interfere’

A bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad dismissed the petitions, stating the scheme was implemented in the “national interest.” The court said: “This court does not find any reason to interfere with the scheme. All petitions challenging the Agnipath scheme are dismissed.” The bench also dismissed pleas seeking resumption and enrolment under the previous recruitment scheme in defence services, saying the petitioners have no right to do so. The bench reserved its order on December 15 and asked the parties to file their written submissions by December 23 before the court’s winter vacation, according to Hindustan Times. Additional Solicitor General (ASG) Aishwarya Bhati told the HC bench that more than 10 lakh applicants had received the benefit of age relaxation. “More than 10 lakh aspirants have taken advantage of the two-year age relaxation given by us… A lot of things we cannot say on affidavit but we have acted in bona fide manner,” the ASG said.

Context

The Agnipath Scheme recruits Army, Navy, and Air Force personnel on four-year contracts with an aim to lower the average age of members and minimize pension costs. The issue had triggered massive protests last year over the shorter tenure and fewer benefits it offers. Bihar and parts of Uttar Pradesh witnessed violent agitation by student groups, with protesters expressing concern that only 25% would be eligible for pensions. The scheme also lacked steady jobs and healthcare for retirees, claimed protesters.

Past rulings

In July, the Supreme Court transferred the petitions, asking the high courts of Kerala, Punjab and Haryana, Patna, and Uttarakhand to transfer the pleas against the scheme to the Delhi high court or keep them pending till a decision is delivered if the petitioners so desire. In August, the Delhi high court declined to halt the scheme and said it would hear the matter instead of passing an interim order. The Union government told the court in October that recruitment in the military is an essential sovereign function keeping national security in mind.

-INDIA NEWS STREAM