- The central government had demanded an explanation on the decision of the Supreme Court.
- Supreme Court orders permanent commission to women officers in armed forces
- Supreme Court refuses to consider the petition filed by the Center for clarification
The Supreme Court refused to entertain the Central Government’s plea for clarification in its order granting permanent commission to women officers in the armed forces. The Supreme Court asked the Center to implement the decision exactly. The Supreme Court expressed displeasure over the Centre’s application and said that it should not file such a petition. The court said that if there is any problem with the judgment, it can file a review petition.
The Supreme Court, in its decision on March 25, had asked the Central Government (Army Authority) to reconsider the application of the Short Service Commission to grant permanent commission to women officers within a month and order within two months. The women officers had appealed to the Supreme Court that the criteria and procedure laid down for permanent commission were arbitrary, unfair and illogical.
The Supreme Court accepted the plea of women officers of the Short Service Commission who want permanent commission. It has been said in the petition that the process of ACR (Annual Confidential Report) fixed for giving permanent commission to women officers is flawed and it is discriminatory. The Supreme Court said that the benchmark ACR prepared for women officers is arbitrary and illogical.
After this decision, an application was filed on behalf of the Central Government, seeking clarification in the judgment. The Supreme Court refused to entertain the Central Government’s plea for clarification. The Supreme Court expressed displeasure over the attitude of the Central Government in which the Central Government had sought clarification. The Supreme Court said that if you (the central government) have any problem with the judgment, then you can take recourse to the appropriate legal remedy i.e. review petition.
The Supreme Court made it clear that you have to implement the judgment in the same way as the judgment has been given. Additional Solicitor General Balbir Singh, appearing for the Central Government in the Supreme Court, said that there is a small clarification. Then the bench of Justice Chandrachud of the Supreme Court said that you should ask your client (central government) to implement the judgment in the same way as it has been given. If there is a problem then you can take the help of review petition. The Supreme Court said that we cannot open the judgment again on your request for clarification. We will not consider the application. You should not have filed this application.