SC says courts can’t run affairs of Army
Sep 22, 2023
New Delhi [India], September 22 : The Supreme Court on Friday said that courts cannot run the affairs of the Army, while hearing a plea filed by a woman colonel alleging discrimination against women officers on giving command over Units in the Army.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra said, “We now can't run the affairs of the Army.”
The bench made the remarks after senior advocate Meenakshi Arora, appearing for the petitioners, told the bench that male junior officers were commanding Units but women Colonels were being given command of only Companies, which are managed by officers below the rank of Colonel.
The bench acknowledged the gravity of the issue but said that the court's role does not involve direct management or interference in the army's operational decisions.
It emphasised that the court can only intervene in principles of law.
"But we cannot run the affairs of the Army and how Companies (in Army) are commanded. We can intervene in principles of law but we surely cannot run the affairs of the army,” it said.
The CJI observed, “We interfere in those cases on issues of principles. Surely, we can't start running the command structure of the Army".
The bench requested Attorney General R Venkataramani to look into the grievance, to which he agreed.
The petition was filed by a woman colonel who was given the charge of a company of soldiers which is ordinarily commanded by a major, two ranks her junior.
The top court posted the matter for further hearing on September 27 and said there are issues which can surely be sorted out by the authorities themselves.
