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Posted 11 Dec 2024

2 min read

The SC exercising its powers under Article 142 of Constitution grants permanent commission to a woman Army officer (Lt. Col. Suprita chandel vs UOI & Ors).

  • Background of Case: Following an amendment in 2013 to 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
  • SC Verdict:Reliefs granted to similarly situated individuals would be automatically extended to individuals who have not litigated their cases’.
    • The court cited similar judgments in past i.e. Amrit Lal Berry (1975) K.I. Shephard case (1987). 

Permanent Commission to Women in Army

  • In 1992, for the 1st time Centre allowed females to join certain cadres of army like Short Service Commission, Army Service Corps etc.
  • Until 2020, women were not allowed to be appointed as Permanent Commissions (until age of retirement) in Army. 
    • They were appointed to be Short Service Commission officers with tenure of 10+4 years
  • The SC in Babita Puniya & Ors. case (2020) ordered grant of permanent commission to women & held them to be eligible to hold command posts.
    • It held that denying women officers a permanent commission was a violation fundamental right to equality (Article 14).

Article 142

  • Under it, 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.
  • Tags :
  • Article 142
  • Permanent Commission
  • Short Service Commission
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