Special – Decision on Raphael

The court has said in its order that it is wrong to question the decision to purchase 36 planes. The court said that these fighter planes are needed for the security of the country. The apex

  • The court has said in its order that it is wrong to question the decision to purchase 36 planes. The court said that these fighter planes are needed for the security of the country.
  • The apex court refused to accept any of the alleged irregularities in the deal.
  • The court said that fighter aircraft are essential for the country and without this the work will not work.
  • Chief Justice Ranjan Gogoi, Justice Sanjay Kishan Kaul and Justice K.M. Joseph’s decision has unanimously passed this ruling.
  • In fact, on April 10, 2015, the deal of frozen 36 Rafael fighter aircraft, fully prepared for the use in India was announced.
  • A number of petitions were filed in the Supreme Court about the investigation of this deal.
  • Among them, the deal was mainly involved in decision-making process, price for the transaction and offset partner.
  • The Supreme Court in its order, in its sequential manner, interprets these in the judgment keeping in mind the aspects related to these issues.
  • The three-member bench, headed by Chief Justice Ranjan Gogoi, first clarified the aspects related to the decision-making process in their order.
  • In its order, the Supreme Court said that we also got information from the Air Force officials on various aspects including procurement process and pricing.
  • The court said in its order that there is no reason to doubt the decision making process in the Raphael deal. It does not require any inquiry from the court. This deal is a financial benefit for the country.
  • This is a contract related to defense procurement where judicial review can not be done. The process has been widely followed in the deal.
  • There is no doubt about the need for fighter aircraft. The quality of the plane is not surrounded by questions. The court said in Odisha that there was no result of long negotiations for the purchase of 126 fighters.
  • The court said that instead of 126, 36 can not question the government’s decision to buy aircraft.
  • The court can not force the government to buy 126 or 36 aircraft.
  • The Court clarified that the process of purchase of 36 Rafale aircraft ended on September 23, 2016, till that time no question was raised on the deal.
  • The court said that the question on the Rafael deal was lifted when former French President Fran├žois Olinda made the statement that it can not be the basis of a judicial review.

Rafael Price

  • The petition said that the amount given for the Rafael deal has been given and the allegation that the government is not disclosing its value.
  • The Supreme Court said that after the order the government informed the court about the price of the aircraft in the sealed cover. He came to know that the government has not disclosed the pricing details in addition to the original price of the aircraft in the Parliament.
  • The reason behind this is that giving details of the price violates the agreements between the two countries and it may affect national security.
  • The court said that we have closely examined the aspects related to the agreements between the two countries while comparing the cost of the aircraft with the cost of increasing costs.
  • It is clear from all the facts that the purchase of 36 Rafale aircraft has made commercial profit to India.
  • The apex court believes that the court’s decision to decide on the comparative details of prices is not the work of the court.

Aspects associated with offset partner

  • The petition said that the Indian government forced the Dassault company to include Reliance Aerospace Limited by ignoring the government company Hindustan Aeronautics Limited in the agreement.
  • A three-member bench on offset partner case said that no private firm has found any concrete proof to make commercial profit.
  • There is no concrete evidence of government intervention in case of offset partner.
  • There is no evidence related to the political paper in relation to choosing Reliance as an offset partner and there is no role of Government of India in this.
  • On March 3, 2018, a public interest litigation was filed in the Supreme Court for the first time to disclose the independent investigations and pricing of the decision-making center decisions.
  • On September 5, the court approved the hearing on the PIL. The Supreme Court completed the hearing on November 14.

What is the deal of fighter planes and why it was needed?

  • Indian Air Force had sought additional fighter aircraft in 2001 to increase its capacity. Keeping this in mind, in June 2001, the government has theoretically approved the proposal to purchase 120 fighter planes.
  • For this, for the first time in December 2002 a transparent defense procurement process was prepared.
  • In the year 2005, an offset clause was also included in this process to increase its indigenization and impact.
  • After this, the proposal to buy the MMRC i.e. Medium Multi Road Combat Aircraft was sent to the government in 2007 by the Air Force.
  • The Indian government has approved the proposal of Air Force to purchase 126 fighter planes.
  • The process of bidding for this started in August 2007. Actually, this deal is part of the Medium Multi Road Combat Aircraft Program, which was started by the Ministry of Defense to end the gap between the Indian Air Force Light Combat Aircraft and Sukhoi.
  • For this, America’s Boeing F / A-18E / F Super Hornet in France, Dallas Rafael of France, Euro Fighter of France, America’s Lockheed Martin F-16 Falcon, Mikko Yan MiG-35 of Russia and Saab of Sweden Aircraft like 39 Gripen joined.
  • After completing the bidding process, the Air Force tested and evaluated several planes, and in 2011 announced that Rafael and Eurofighter Typhoon had met its criteria and finally Rafael was chosen from 6 fighter jets.

Why was Rafael elected?

  • Rafael’s election was done so that Rafael’s price was lower than that of other fighters. Also, the cost of maintenance was also low.
  • Rafael was declared an L-1 bidder in 2012 after Rafael’s election, and negotiations began with the company that formed the company’s Dassault Aviation contract.
  • But due to many issues related to RFP compliance and cost, this conversation remained incomplete until 2014.
  • When Narendra Modi’s government was formed in 2014, efforts were made again in this direction.
  • During the visit of the Prime Minister to France in April 2015, a new announcement was made about the purchase of this aircraft between India and France. In this announcement, India has agreed to get the aircraft ready for the flight of 36 Rafale aircraft flyaway as soon as possible.
  • After this, an agreement was signed for the 36 fighter planes between India and France in January 2016.
  • In September 2016, the two countries signed an inter-governmental agreement for supply of aircraft. According to this, the supply of aircraft was required according to Air Force requirements within its time bound limits and supply of all the systems and weapons related to the aircraft is also to be conformed to the standards set by the Air Force.
  • It said that the long-standing maintenance of the aircraft would be frozen.
  • About 18 months of signing the agreement, the plan was to start supplying the planes.
  • The government claims that it has done this deal better than the UPA government’s deal. There was no talk of technology transfer in UPA’s deal. There was talk of licensing only manufacturing technology but under the current agreement, the initiative was made under Make in India.
  • Under the agreement, the French company will promote Make in India in India.
  • Raphael is considered to be one of the most capable fighter globally globally. With the coming of this aircraft not only will the capacity of the IAF increase, but our army can use it in every kind of mission to increase its accessibility and firepower significantly.

Specialty of rafael airlock

  • Raphael is a two-engined fighter aircraft made by France’s Dallas Aviation. Raphael fighters have been named as Amni-Roll planes, capable of playing an important role during the war.
  • There is no answer to the Rafael aircraft in air capacity or ground operations, or precisely targeting the enemy from a distance.
  • Currently, one of the most capable fighter aircraft in the world, Rafael Fighter Aircraft is equipped with many features.
  • This is a very useful fighter plane. The length of this aircraft is 15.27 meters and one or two pilots can sit in it.
  • This aircraft specializes in fighting in elevated terrains too. It can go up to 60,000 feet in a minute.
  • It is capable of lifting a maximum of 24,500 kilograms of load. Its maximum speed is 2200 to 2500 kilometers per hour and it can fly up to 3800 kilometers.
  • Equipped with Optronic Secure Frontal Infrared Search and Track System, this aircraft is equipped with many types of dangerous missiles and guns such as MBDA, MICA, MBDA Metaor and MBDA Apache, which can eliminate enemies throughout the moment.
  • Rafael is capable of carrying nuclear weapons. There is no such missile throughout Asia, including China, Pakistan and Pakistan.
  • It is equipped with air-to-ground scalp machine. The scope machine is 300 kilometers, which is equipped with 4.5 generation Twin engine.
  • Currently the Indian Air Force’s main fighter aircraft, the Sukhoi aircraft purchased from Russia. Many of Raphael’s features make it more effective than Sukhoi.
  • Rafael’s mortal potential is 78 to 1055 km, while Suooi’s firepower ranges from 400 to 550 kilometers.

Conclusion


In fact, the issue of security of the country’s borders from Pakistan and China has always been a major issue. Air Force is already lacking fighter planes, in such a way that Rafael aircraft is very important for India. This aircraft has been used in war, in Afghanistan, Iraq, Syria, Libya and Maldives, and it has been very successful. If Rafael is included in the Air Force’s fleet of ships, then the army will get a new strength. The Supreme Court verdict on the Rafael deal is a message to both the government and the opposition that it is not right to draw sensitive issues such as defense to court and make political issues without any solid foundation.