Supreme Court Scraps ‘Arbitrary’ Male-Female Quota in Army’s Law Branch, Says Can’t Reserve Posts for Men
The Supreme Court on Monday delivered a landmark judgment on gender equality within the armed forces, striking down the Indian Army’s 2:1 reservation policy for male and female officers in its legal wing, the Judge Advocate General (JAG) branch. A bench of Justice Manmohan and Justice Dipankar Datta ruled that reserving vacancies for men or restricting them for women is “arbitrary” and a clear violation of the fundamental right to equality.
The court unequivocally stated that the executive branch cannot set aside posts specifically for men. “The executive cannot reserve vacancies for men. The seats of 6 for men and 3 for women is arbitrary and cannot be allowed under the guise of induction,” the bench declared while hearing a petition that challenged the restrictive policy. The ruling emphasized that true gender neutrality means selecting the most meritorious candidates, regardless of gender. “Restricting the seats of women is violative of the right to equality,” the court affirmed.
In a strong rebuke of the policy, the bench remarked that “no nation can be secure if such policies are followed.” It directed the government to immediately cease the practice and instead conduct recruitment by publishing a single, combined merit list for all candidates, both men and women.
The court also dismissed the government’s argument, presented by Additional Solicitor General Aishwarya Bhati, that the posts were gender-neutral and that a 50:50 selection ratio had been implemented since 2023.
The Judge Advocate General’s Corps is the legal arm of the Indian Army, comprising lawyer-officers who provide a wide range of legal services to commanders, soldiers, and their families. This ruling is a significant step towards ensuring that selection for this crucial branch is based solely on merit, without gender-based quotas.
