Supreme Court strikes down gender-based seat reservation in Army JAG recruitment

The Supreme Court on Monday struck down the Indian Army’s policy of reserving six Judge Advocate General (JAG) posts for men and only three for women, calling it arbitrary and a violation of the right to equality.

A bench of Justices Dipankar Datta and Manmohan directed the Union government to create a single merit list for all eligible candidates, regardless of gender. “The executive cannot reserve vacancies for men. The allotment of six seats for men and three for women is arbitrary and cannot be justified under the guise of induction,” the bench observed.

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The ruling came while hearing a petition against the restriction that limited women to half the available seats. The court noted, “No nation can be secure if such policies are followed,” and ordered that recruitment be conducted on a combined merit list basis.

To address past exclusion, the court directed the government to allocate at least 50% of the vacancies to women. However, it added that capping women’s seats at 50%, even when they outperform male candidates, violates the right to equality.

The JAG branch, or Judge Advocate General’s Corps, is the Army’s legal arm, staffed by officer-lawyers who provide legal services to commanders, soldiers, and their families.