Supreme Court Quashes Army Policy to Reserve Higher Number of JAG Posts for Men than Women.

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A 2-Judge Bench of the Supreme Court struck down a policy of the Indian Army to reserve posts in the Judge Advocate General (JAG) branch for men and restricting the number of women who can be appointed to JAG posts. The Bench held that “The practice of fixing a ceiling limit to recruitment of female candidates has the effect of perpetuating the status quo, which has been historically discriminatory to women candidates. The result of such practice is confinement of women candidates, irrespective of their performance/merit, in their gendered category, thereby being destructive of not just the Constitutional scheme under Articles 15 and 16 as noted hereinabove, but also of the concept of ‘gender-neutrality’ and ‘merit’.”. The Bench held that the executive cannot restrict the numbers of women candidates and/or make a reservation for male officers under the guise of ‘extent of induction’ by way of a policy or administrative instruction and further that the true meaning of gender-neutrality was that all meritorious candidates, irrespective of sex/gender, should be selected.

ARSHNOOR KAUR v. UNION OF INDIA, W.P.(C) No. 772/2023, Date of Decision: 11 August 2025.

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