The Supreme Court has delivered a landmark ruling striking down the Indian Army’s 2:1 male-to-female reservation policy in the Judge Advocate General (JAG) branch, declaring it unconstitutional and incompatible with the principle of equality. The court stated that vacancies in the branch must be filled through a gender-neutral process based solely on merit, without arbitrary restrictions on the number of women who can be recruited.
A bench comprising Justice Manmohan and Justice Dipankar Datta observed that the executive cannot reserve six seats for men and limit women to just three. Such a practice, the judges said, is “arbitrary” and in direct violation of the fundamental right to equality guaranteed under the Constitution. The court emphasised that the “true meaning of gender neutrality” and the 2023 recruitment rules is that the Union government must select the most meritorious candidates, regardless of gender.
The judgment came in response to a petition challenging the restriction of women to half of the available seats in the JAG branch. The bench remarked that “no nation can be secure if such policies are followed” and ordered the government to prepare a combined merit list for all candidates—men and women—based on performance rather than gender-based quotas.
The court also rejected the argument by Additional Solicitor General Aishwarya Bhati that JAG recruitment is already gender-neutral and that a 50:50 selection ratio has existed since 2023. The bench made clear that any such fixed ratio is itself a limitation inconsistent with merit-based selection.
The JAG branch serves as the legal arm of the Indian Army, staffed by judge advocates who are both lawyers and commissioned officers. These officers provide legal advice to military commanders, assist soldiers and their families, and represent the Army in various legal proceedings. By removing gender-based restrictions, the court’s ruling paves the way for a more inclusive, competitive, and merit-driven process in one of the Army’s most important professional branches.
