"Soldier defending motherland has to be most suitable": Centre tells SC no discrimination in grant of permanent commission to women

The Supreme Court today reserved its judgment on the plea alleging discrimination in grant of permanent commission to women short-service commission officers (SSCO).

A bench of Justices Surya Kant, Ujjal Bhuyan, and N Kotiswar Singh heard appeals filed against the July 2024 Armed Forces Tribunal order denying permanent commissions.

Additional Solicitor General Aishwarya Bhati told the bench today that women continue to come in the forces and in different arms. Arguing that a special dispensation cannot be created for 5 years or 10 years, the bench was told, "Soldier who is to defend the motherland has to be the most appropriate one, separate process for women ends at recruitment...we have to choose best possible talent in each batch. This is not the Olympics...".

"54% male members have been granted a Permanent Commission. Almost 247 more meritorious females made it to permanent commissions. If there was discrimination then such high numbers would not have been there", the bench was further told.

ASG Bhati, appearing for the central government also produced confidential records to show there was no discrimination in allotting marks.

Yesterday, the bench had clarified that it would not sit in review of the 14-year policy saying that it was in the best interest of the nation.

In May, Supreme Court had clarified that its interim order directing the Centre not to release Short Service Commission (SSC) women officers from service will apply to all those who have challenged the denial of permanent commission, whether in the Supreme Court, High Courts, or the Armed Forces Tribunal (AFT).

A bench comprising Justices Surya Kant and N. Kotiswar Singh reiterated that the relief granted earlier would extend uniformly across all pending matters concerning women officers in the armed forces who are contesting their non-induction into permanent roles.

Emphasising the need to keep the morale of women army officers high during these times, the Supreme Court of India had on 9 May 2025, directed the Centre not to release any Short Service Commission (SSC) officer who has moved the Court against the denial of Permanent Commission (PC).

Recently, Supreme Court of India had also allowed a woman Wing Commander, set to retire in August 2025, to continue in service. The Indian Air Force officer has approached the court seeking permanent commission (PC). ASG Bhati opposed the petition before top court saying that the Wing Commander had directly approached the court for permanent commission without filing any representations before the concerned authorities or tribunals. She added that the Wing Commander was found unfit by the Board.

Last year, Central government was directed by the Supreme Court to look into modalities for permanent commission of women in the Indian Coast Guard. Court had earlier also pulled up the Centre for its denial of Permanent Commission for women officers in the Indian Coast Guard. The Supreme Court of India criticised the Centre for its "patriarchal" stance on not granting permanent commission to women in the Coast Guard. Questioning the disparity between the Coast Guard and other military branches regarding a permanent commission for women, the Supreme Court sought an explanation from the government.

Former Chief Justice of India DY Chandrachud had then said, "You (the Union government) speak of Nari Shakti, Nari Shakti, now show it here. I don't think the Coast Guard can say that they can be out of bounds when the Army, Navy have done it. Why are you so patriarchal that you do not want to see women in the Coast Guard sector? Why do you have an indifferent attitude towards the Coast Guard".

In 2020, the Supreme Court had granted permanent commission to women officers in the Army, Navy, and Air Force and struck down a 2019 circular that foreclosed the chances of women officers applying for commissions and directed the government to give them to all serving women officers who completed 14 years of service.

Case Title: Lt. Col. Pooja Pal & Ors. v. Union of India & Ors.

Bench: Justices Kant, Bhuyan and Singh

hearing Date: September 25, 2025