SC order On Permanent Commission To Women Officers – Free PDF

Permanent commission Vs Short Service Commission

• An officer can get commissioned as permanently commissioned or as a Short Service Commission (SSC) officer.
• NDA, IMA & OTA
• In SSC, an officer is appointed for 10 years.
• At the end of this period you have two options. Either elect for a Permanent Commission or opt out.
• Those not selected for Permanent Commission have the option of a 4 years extension.
• They can resign at any time during this period.

What has happened?

• The Supreme Court Thursday said the evaluation criteria adopted by the Army to grant permanent commission (PC) to women caused “systemic discrimination” against them.
• The bench comprising Justices D.Y. Chandrachud and M.R. Shah analysed the ‘doctrine of indirect discrimination’ and Emphasised on the need to look at the effect of the discrimination, rather than the intentions or the motives of the discriminator.
• It then asserted that “in the light of the fact that the pattern of evaluation will in effect lead to women being excluded from the grant of PC on grounds beyond their control,
• It is indirectly discriminatory against WSSCOs (women SSC officers)”.
• The court observed that the “structures of our society have been created by males for males”.
• It therefore pointed out that “adjustments, both in thought and letter, are necessary to rebuild the structures of an equal society”.

In true spirit

• The court added that “it is not enough to proudly state that women officers are allowed to serve the nation in the Armed Forces, when the true picture of their service conditions tells a different story.
• A superficial sense of equality is not in the true spirit of the Constitution and attempts to make equality only symbolic.”

This case in SC

• The Supreme Court had, in February last year, upheld a 2010 Delhi High Court verdict
• stating that, The Narendra Modi government has to give permanent commission to women officers in the Army irrespective of their years in service.
• Following this judgment, the Ministry of Defence in July last year initiated steps to conduct a special selection proceeding to screen women Short Service Commission (SSC) officers for grant of PC, “Based on existing policy regarding grant of permanent commission… applied uniformly to all SCC officers”.
• A total of 615 women SSC officers were considered for grant of PC, out of which 277 were finally granted
• Eighty six officers had approached the Supreme Court, calling into question the modalities which were followed for assessing them.
• They had contended that the criteria stipulated for them to qualify for permanent commission was a “Mechanical reproduction of the existing procedure for male officers, who are evaluated for PC in their 5th or 10th year of service, without making any modifications”.
• The medical criteria, they said, is “arbitrary and unjust as the women officers who are in the age group of 40-50 years of age are being required to conform to the medical standards,
• That a male officer would have to conform to at the group of 25 to 30 years.”

What SC said on this?

• The court also ruled that the requirement imposed by the Army to benchmark women SSC officers against lowest placed male officers of their corresponding batches, as “arbitrary and irrational”.
• It said that this criteria should not be enforced.
• The court said that “the attempt to apply the benchmark of the lowest selected male officer is a ruse to deviate from the judgment of the Court and to bypass the legitimate claim of the WSSCOs.”

Article 142 invoked

• Additionally, the court invoked Article 142 of the Constitution, which allows it to pass any order “necessary for doing complete justice”.
• According to the 2020 judgment, women officers with more than 14 years of service who do not opt for PC were entitled to continue in service until they attained 20 years of pensionable service.
• As a one time measure, the benefit of continuing in service was also given to all existing SSC officers with more than 14 years of service, who are not appointed to PC.

Q) Which of the following statements regarding Indian army is correct?

1. Indian army was established in 1895.
2. Headquarter of Eastern Command of Indian Army is in Guwahati

1. 1 only
2. 2 only
3. Both 1 & 2
4. None of the above

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