Arbitrary No More: Supreme Court Orders Overhaul of Army’s Promotion Criteria for Women Officers
In a landmark decision dated November 3, 2023, the Supreme Court of India, headed by Chief Justice Dr. Dhananjaya Y. Chandrachud, has directed a reassessment for the promotion of women officers in the Indian Army to the rank of Colonel. The apex court, while addressing the grievances of women officers regarding their non-empanelment for promotion, observed, “The nub of the dispute in the present case relates to the manner in which the CRs of the women officers were assessed… the manner in which the cut off has been applied for reckoning CRs of the women officers for empanelment as Colonels is arbitrary.”
The bench, which also included Justice J.B. Pardiwala and Justice Manoj Misra, found that the process used to evaluate the Confidential Reports (CRs) for the promotion of women officers post their Permanent Commission (PC) was not in line with the established policy framework or the earlier judgment of this Court in the case of Lieutenant Colonel Nitisha vs Union of India.
The Supreme Court’s decision rectifies the arbitrariness in the cutoff dates for CRs, which were deemed contrary to the principles laid down in Nitisha’s case and the policy directives of the Army itself. “Such an approach does disservice to the need to provide justice to the women officers who have fought a long and hard battle before this Court,” the bench remarked.
The Court has ordered the convening of a Special No 3 Selection Board within a fortnight from the date of the order, ensuring that all women officers, except those already empaneled, will be reconsidered for promotion.
Date of Decision: November 3, 2023
Nitisha and Others VS Union of India and Others
