Supreme Court clarifies gender‑neutral means merit‑based, not equal numbers, after striking down Indian Army’s male‑quota in JAG recruitment.

The Supreme Court emphasises that ‘gender‑neutral’ hiring mandates merit, not equal gender quotas, while quashing the Indian Army’s JAG policy limiting women’s seats.

Supreme Court Ruling on JAG Recruitment Challenges Gender Neutrality Misconceptions

In a landmark verdict on August 11, 2025, the Supreme Court has annulled the Indian Army’s policy that reserved six Judge Advocate General (JAG) vacancies for men and only three for women. The bench comprising Justices Dipankar Datta and Manmohan ruled that while the JAG branch is open to women under Section 12 of the Army Act, 1950, the Army cannot impose additional numeric limits under the guise of “extent of induction.” The Economic TimesIndian Kanoon

Merit Over Quota: Defining ‘Gender‑Neutral’ Correctly

The Court underscored a crucial distinction: hiring equal numbers of men and women reflects gender equality, but selecting the most meritorious candidate regardless of sex represents true gender neutrality. It held that the Army’s 50:50 intake policy, though neutral in form, led to indirect discrimination by overlooking higher‑scoring women candidates in favor of lower‑scoring men. Indian KanoonVerdictumThe Indian Express

For example, in the 2023 JAG‑31 intake, two women petitioners—Arshnoor Kaur and Astha Tyagi—ranked 4th and 5th among female candidates but were denied selection due to the quota system. Meanwhile, a male candidate with fewer marks was admitted. The Indian ExpressVerdictum

Constitutional Foundations: Equality Over Executive Caprice

Invoking Articles 14, 15, 16 of the Constitution, the Court held that any policy confining qualified women candidates constitutes arbitrary discrimination. The Army’s attempt to enforce a gender‑based cap was deemed inconsistent with Section 12 of the Army Act, which simply enables women’s eligibility—not a ceiling on induction. ThePrintSCC OnlineThe Tribune

The Court directed the Union of India to henceforth publish a combined merit list for all JAG candidates, ensuring transparency and fairness in recruitment processes. The Indian ExpressThe Tribune

Addressing Operational Arguments and Combat Concerns

The government argued that limiting women’s induction served operational requirements—citing deployment concerns and combat readiness. The Court rejected these claims, citing evidence of women serving in combat-adjacent roles such as Rafale pilots, UN peacekeeping missions, and high-risk convoy assignments in insurgency-affected areas. The Times of IndiaThePrint

It emphasised that the JAG branch is a legal, not combat, corps, with identical training and service conditions for all officers, making gender-based restrictions untenable. VerdictumSCC OnlineThe Tribune

Implications for Meritocracy and Women’s Representation

This ruling reinforces that true gender neutrality enhances meritocracy, avoiding superficial parity that perpetuates historic bias. The Court’s clarification on “gender‑neutrality vs. gender equality” is expected to influence recruitment norms across other branches as well. VerdictumThePrint

By striking down the flawed 50:50 policy, the Court made clear: securing the nation means unlocking the potential of all citizens—male or female. The TribuneIndia Today

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