Syllabus:

GS1: Role of women and women’s organization

Context: The Supreme Court has sought responses from the Centre and the Indian Air Force (IAF) on a plea filed by Wing Commander Nikita Pandey after she was denied permanent commission.

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• The Wing Commander alleged gender-based discrimination for being denied Permanent Commission (PC) after 13.5 years of service.
• The Supreme Court directed that Wing Commander Pandey shall not be released from service until further orders.

Observations by the Bench:

• The Bench called IAF a professional force and said the uncertainty on service was not good for such officers.
• The armed forces should develop the capacity to absorb all eligible SSC officers into Permanent Commission, especially women officers who have performed exceptionally.
• Policies should reflect the changing demographics and gender dynamics of the armed forces.
• The Bench noted that Short Service Commission (SSC) officers face a “tough life” post-recruitment, and highlighted the need for:
  An incentive structure after 10–15 years of service.
  Reduced uncertainty in career progression.
• The court remarked that minimum benchmarks must be maintained, but emphasised the need for a fair opportunity.

Submissions by Wing Commander’s Counsel:

• Senior Advocate Menaka Guruswamy represented Wing Commander Nikita Pandey.
• Key points raised:
  The officer is a top-ranked fighter controller, part of IACCS (Integrated Air Command and Control Systems).
  Participated in Operation Sindoor and Operation Balakot.
  Denied Permanent Commission due to a 2019 policy, despite being second in the national merit list.
  Service was scheduled to conclude a month after the policy implementation.

Response from Centre and IAF:

• Additional Solicitor General Aishwarya Bhati appeared for the Centre and IAF.
  She noted that although the officer was brilliant, she was found unfit by the selection board.
  Claimed the officer approached the Supreme Court directly, bypassing internal representation.
  A second selection board would consider her case.
  Justified that IAF follows a steep pyramidal structure, which:

1. Requires retirement of certain officers after 14 years.
2. Allows for the induction of younger officers.

Supreme Court Judgement on Permanent commission:

• In 2019, the Army changed its rules allowing SSC women officers to opt for permanent commission who would have otherwise retired after 14 years of service.
• However, this was not retrospective, and applied only to the batches of women officers starting their career in the Army in 2020.
• In the landmark judgement of Babita Puniya & Ors. case (2020), Supreme Court granted permanent commission to women officers with retrospective effect. 
• This opened the doors for their further growth and promotions in the Army, which has been of late opening leadership and higher management courses for women.
• With a longer career in the Army, women officers will be considered for promotions, including to the rank of Colonel and beyond.