The Supreme Court on Monday struck down the Indian Army’s 2:1 reservation policy for male and female officers in its Judge Advocate General (JAG) branch, calling it arbitrary, unconstitutional and a violation of the fundamental right to equality.
A bench of Justice Manmohan and Justice Dipankar Datta ruled that vacancies cannot be reserved for men or restricted for women, emphasising that recruitment must be gender-neutral and based solely on merit.
“The executive cannot reserve vacancies for men. The seats of six for men and three for women are arbitrary and cannot be allowed under the guise of induction,” the bench said.
The court further stated, “The true meaning of gender neutrality and 2023 rules is that Union shall select the most meritorious candidates. Restricting the seats of women is violative of the right to equality.”
The observations came while hearing a petition challenging the restriction that allowed women to occupy only half the available seats.
The bench remarked that “no nation can be secure if such policies are followed” and directed the government to conduct recruitment and publish a combined merit list for all candidates, both men and women.
The court dismissed the argument by Additional Solicitor General Aishwarya Bhati that JAG posts are gender-neutral and that a 50:50 selection ratio has been implemented since 2023.
The JAG branch, or Judge Advocate General’s Corps, is the legal arm of the Army. Officers in this branch, known as judge advocates, are lawyers who provide a range of legal services to the military, including commanders, soldiers and their families.
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