In the recent past, there has been an increase in the number of issues on which the Union government has been at loggerheads with the apex court. From the possible dissolution of the Collegium system to the draft panel for the appointment of the Chief Election Commissioner, both sides have issued statements that can be construed as confrontational. In a similar turn of events, the Supreme Court recently came down heavily on the Union government on a plea filed by the Indian Ex-Servicemen Movement (IESM).
A new front for Centre-SC’s escalated tussle
Recently, the Supreme Court directed the Modi government to withdraw its earlier communication on One Rank One Pension (OROP). The apex court was hearing an application filed by the IESM. It had sought to set aside the earlier January 20 communication by the Defense Ministry.
Notably, the Modi government had earlier told the apex court that it has paid one installment of OROP arrears to ex-servicemen. It further conveyed that it needed some more time to make up the remaining arrears. As per the contested January 20th communication, the Center had stated that OROP arrears would be paid in four instalments.
The three-judge bench, comprised of Chief Justice DY Chandrachud, Justices PS Narasimha, and JB Pardiwala, made a strong remark. The bench argued that the Ministry of Defence cannot take the law into its own hands. Asking the Ministry to immediately withdraw its January 20 communication, the bench opined that the Ministry can’t issue a communication on the payment of OROP arrears in four instalments.
Also read: How Manohar Parrikar and Gen VK Singh defused the opposition’s OROP bomb?
The bench said, “First withdraw your January 20 communication on payment of OROP arrears, then we will consider your application for more time.” The bench added, “We want that there has to be some kind of categorisation and older people should be paid their arrears first. Over four lakh pensioners have died since the litigation started.”
The bench declared that the defence ministry’s notification from January 20 was completely contrary to its verdict. The Ministry was not permitted to unilaterally declare that OROP arrears would be paid in four installments. It requested that the attorney general draft a memorandum outlining the amount of payment that must be made, the procedures to be followed, and the priority of the payment of arrears.
In January, the Modi government sought an extension till March 15th, 2023, for the payment of OROP plan arrears to all eligible retired members of the armed forces. The Central government and Supreme Court have been expressing strong contrary views on each other’s opinions, and it will have to be seen whether both the responsible pillars of the Constitution iron out their differences.
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