The government cannot reserve posts in the military exclusively for men !

Supreme Court ruling on the Judge Advocate General branch in the armed forces

New Delhi – The Supreme Court has struck down the Army’s policy of maintaining a 2:1 ratio between male and female officers for the post of Judge Advocate General (JAG) in the Indian Army. The court stated that “this policy of the Army is arbitrary and violates the constitutional right to equality granted to all.” The court ordered that one of the petitioners be inducted into service immediately, while the other was denied relief as she had already joined the Navy.

The court observed that the government cannot reserve posts exclusively for men. Limiting positions for women is wrong. In fact, the true meaning of gender neutrality is “selecting the most qualified candidate.”

What is the case?

In the Indian Army’s Judge Advocate General (JAG) branch examination, two female candidates ranked fourth and fifth on the merit list. However, since there were only three seats reserved for women, they were not given an opportunity. Male candidates with lower scores than them were selected instead. Out of a total of nine available posts, six were allotted to men and three to women, based on the 2:1 reservation ratio.

Importance of the legal branch in the armed forces

The Judge Advocate General’s Department is the legal branch of the Indian Army, where officers provide legal advice, handle court-martial proceedings, and address the legal needs of soldiers and their families.