The Bench headed by Justice DY Chandrachud and Ajay Rastogi on 17th February, 2020 directed the Centre stating that Permanent Commission should be granted to Women Officers in the Army. This is to be granted in all the ten streams where already a decision has been taken to grant Short Service Commission to Women by the Union.
So now the Centre filed an application asking for an extension of 6 months for implementing the judgement. The Court held that complete and absolute exclusion of women from the command posts goes against the principle of Article 14 of the Indian Constitution. So, providing women with only ‘staff appointments’ is held to be unenforceable.
The Court stated that not considering women in the command appointments is unreasonable and irrational and so cannot be sustained in law. It was directed to the Centre to take necessary steps in this regard within three months of the judgement. However, today the Ministry of Defence submitted before the Court that the decision formulation is at its last stage and only formal orders are yet to be issued. The Court even considered the ongoing pandemic situation for the cause of delay in implementation.
So, the Court allowed an extension to the Union Government for the implementation of the Court’s verdict.