*HOW OROP BECAME AN OBSESSION ?*
By Brig BL Poonia, VSM (Retd)_
_On this issue, the govt's stand in the Supreme Court was crisp clear, that this being a policy matter, it fell exclusively within the domain of the Executive, and the Judiciary had no jurisdiction to dictate terms and conditions._
_The Ex-Servicemen's League quoted the Finance Minister's speech in the Parliament defining OROP. But the Supreme Court said, "It cannot issue a mandamus to implement a statement made in the Parliament. A minister's statement given during a budget speech is not legally enforceable, that is our judgment."_
We should not have quoted the Parliament proceedings since OROP was a welfare scheme launched by the govt, and not a law enacted by the Parliament. The primary aim of reading out the definition of OROP in Rajya Sabha was only to define the 'recommended' concept, purpose and parameters of the scheme. The mere act of reading out the definition, did not legally bind the govt under any obligation to implement the scheme either._
_The definition had been read out in Rajya Sabha because a Parliamentary Committee had been constituted to examine the Defence Veteran's demand for OROP, and to put up its recommendations. The Committee was headed by Shri BS Koshiyari, who was a member of Rajya Sabha, hence the recommendations of the Committee were tabled in Rajya Sabha. But we forgot that the govt was in no way, legally bound to implement the recommendations of any Committee, as a rule. But in this case the govt did. However, quoting Koshiyari Committee Recommendations as a thumb rule was not correct, as recommendations by any Parliamentary Committee are not legally enforceable._
_However, the NDA govt decided to implement and work out the modalities for implementation, which included a five-yearly revision. Now instead of being grateful to the govt, the Ex-Servicemen's League started examining the definition microscopically and got into a fault-finding mode. It tried to prove how the govt was legally wrong in working out the modalities since the same were not as per its expectations. This was the first salvo fired by the Ex-Servicemen's League against the govt that had just begun implementing a welfare scheme for them after 41 years of struggle, since 1973._
_And thus, misinterpration of law resulted in losing the case. Some lawyers advised Maj Gen Satbir Singh that victory was certain. He got misled. Unfortunately, no one advised him that working out the modalities for implementing a policy matter was the prerogative of the govt, where we could demand, but not dictate._
_The govt fixed a five-yearly revision. Protests at Jantar Mantar intensified, while negotiations continued simultaneously. At one stage, Mr Arun Jaitley even climbed down, and informally agreed to a two-yearly revision. But by then a tempo got built up across the country, that the govt was bending down due to the pressure of protests, and an impression gained ground that the govt had been caught on the wrong side of law._
_The veterans cheered up Maj Gen Satbir saying : "Bash on regardless; it's now or never." So he challenged Mr Arun Jaitley that he would accept nothing less than an annual revision, or else he would move the Supreme Court. Arun Jaitley retaliated by counter-challenging him : "You are welcome, but now l will make it a five-yearly revision, and let the Court decide."_
_A battery of lawyers, including Mr Ram Jethmalani, pumped up Maj Gen Satbir with an outcome of bringing the govt on its knees. But he should have realized that Mr Arun Jaitley was an outstanding, and a highly experienced Supreme Court lawyer, as well as a seasoned politician, who was one of the contenders for the post of Prime Minister of lndia. He precisely knew what he was doing, and was certainly aware of the fact that he was not on the wrong side of law._
_Majority of the veterans were not only fully convinced by Maj Gen Satbir's action of challenging the govt in the Supreme Court, but were thrilled beyond description, because his version suited them to fulfill their ultimate dreams. They were not even prepared to listen that what he was doing was counter-productive. Now after more than five and a half years of court case and numerous 'tareekhs pe tareekh' we are back to square one._
_Maj Gen Satbir should have displayed flexibility of approach and a far-sighted vision in dealing with the govt tactfully, in an amicable manner. Tact is an essential part of a brilliant strategy. He should have initially agreed to a two-yearly revision, and then could have approached the govt again, prior to the next General Elections, for upgrading it to an annual revision. Even if he wouldn't have succeeded, so what ?_
_His rigidity of approach has landed us in a situation, where now we are left with no face even to negotiate with the govt._
******* END *******
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************** UPLOADED ON 18 AUG 2023 **************
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