Legally Speaking

Courts can’t run affairs of Army: SC

The Supreme Court on Friday observed that courts cannot run the affairs of the Army, while hearing a plea 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. 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.
“We interfere in those cases on issues of principles,” it observed, adding, “Surely, we can’t start running the command structure of the Army”. 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.

Ashish Sinha

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