Delhi High Court upholds Agnipath scheme

A bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad dismissed pleas seeking resumption and enrolment under the previous recruitment scheme

The Delhi High Court on Monday upheld the validity of the Agnipath short-term military recruitment scheme, saying it was formulated in the national interest and to ensure that armed forces are better equipped. It dismissed pleas challenging the scheme, which triggered protests last year over the shorter tenure and fewer benefits it offers.

Aspirants stand in a queue to register themselves under the Agnipath recruitment scheme, at Surankote, in Poonch (Rahi Kapoor)

A bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad also dismissed pleas seeking resumption and enrolment under the previous recruitment scheme in defence services, saying the petitioners have no right to do so. "This court does not find any reason to interfere with the scheme. All petitions challenging the Agnipath scheme are dismissed," the court said.

A detailed judgment will be available later in the day.

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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.

In July, the Supreme Court transferred the petitions. It asked 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.

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It added structural changes were necessitated in the context of the 'sea change' in global military warfare, 'to evolve a youthful, modern and futuristic fighting force' and to infuse young blood into the Army, who are mentally and physically fit.

The Union government argued Agnipath is a 'tailor-made scheme' which had been formulated after comprehensive discussions by experts to serve the needs of the nation and changing warfare.