Context:
SC uses plenary powers to allow a woman Army officer’s plea for permanent commission
Permanent Commission in the Army:
- A Permanent Commission (PC) in the Indian Army allows officers to serve until the age of retirement.
- This contrasts with the Short Service Commission (SSC), where officers serve for a tenure of 10+4 years.
- Historical Context –
- 1992: The Centre allowed women to join certain cadres of the Army, such as the Short Service Commission and Army Service Corps, for the first time.
- Until 2020, however, women were not permitted to be appointed as Permanent Commission officers in the Army. They were only appointed as SSC officers.
- 2020 Supreme Court Verdict: In the Babita Puniya & Ors. case, the Supreme Court ordered the grant of permanent commission to women and held them eligible to hold command posts. The court ruled that denying women officers a permanent commission violated their Fundamental Rights to equality under Article 14 of the Constitution.
Recent Developments:
- 2024 Supreme Court Ruling: In the case of Lt. Col. Suprita Chandel vs. Union of India & Ors (2024), the Supreme Court exercised its powers under Article 142 of the Constitution to grant a permanent commission to a woman Army officer.
- The court also ruled that reliefs granted to similarly situated individuals should automatically extend to those who have not litigated their cases.
- Following an amendment in 2013 to its original policy, Armed Forces Tribunal had granted relief to other applicants by allowing them a one-time age relaxation. However, appellant was denied benefit as she was not a party to the original case.
- The court noted that it would be unfair to deny relief to individuals who were similarly situated but had not litigated their cases.
- The court cited similar judgments from the past, including the Amrit Lal Berry case (1975) and the K.I. Shephard case (1987).
Article 142:
- Under the article, the Supreme Court may pass such decree/ make such order as is necessary for doing complete justice in any cause or matter pending before it.
- It shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament &, until provision in that behalf is so made, in such manner as the President may by order prescribe.
Source: The Hindu
Previous Year Question
Which of the following statements about ‘Exercise Mitra Shakti-2023’ are correct?
1. This was a joint military exercise between India and Bangladesh.
2. It commenced in Aundh (Pune).
3. Joint response during counter-terrorism operations was a goal of this operation.
4. Indian Air Force was a part of this exercise.
Select the answer using the code given below:
[UPSC Civil Service Exam – 2024 Prelims]
(a) 1, 2 and 3
(b) 1, 2 and 4
(c) 1, 3 and 4
(d) 2, 3 and 4
Answer: (d)
Explanation
Statement1 is incorrect: This is a joint military exercise between Indian and Sri Lankan armies.