Vacancies cannot be reserved for men or restricted for women: 2:1 reservation policy struck down by Supreme Court

NEW DELHI: The Supreme Court has quashed the reservation policy for the post of Judge Advocate General (JAG) in the Indian Army. The action is based on the 2:1 reservation policy for male and female candidates. "Vacancies cannot be reserved for men or restricted for women. Such measures are a violation of the fundamental right to equality," the Supreme Court pointed out.

The court observed that limiting the opportunities of women is an encroachment on equality and directed the Centre to appoint the most qualified candidates. The important verdict was given by a two-judge bench comprising Justice Manmohan and Justice Dipankar Dutta. The court directed the government to publish a merit list for all candidates, including all male and female candidates, and conduct recruitments together.

The court did not accept the argument of Solicitor General Aishwarya Bhati that appointments are done on a 50-50 basis since 2023. The Indian Army Judge Advocate General (JAG) Corps is the legal branch of the Indian Army, responsible for providing legal advice and support to the military. These lawyers serve as part of the army. Two female candidates approached the Supreme Court alleging that they were not appointed due to the quota system, despite having secured a better rank than male candidates.