Armed Forces Tribunal

Introduction

The Armed Forces Tribunal is a military tribunal in India that was established on August 8th, 2009. It is a statutory body created under the Armed Forces Tribunal Act of 2007, and it is controlled by the Ministry of Defense. The AFT is responsible for resolving military-related disputes, including service matters and appeals from court-martial decisions. Its primary objective is to provide speedy justice to Armed Forces members.

What is Armed Forces Tribunal (AFT)?

The Armed Forces Tribunal was officially launched on August 8th, 2009 by the President of India. It was established under the Armed Forces Tribunal Act of 2007, which was passed by Parliament. The AFT resolves disputes and complaints related to commission, appointments, enrollment and conditions of service for individuals subject to the Army Act of 1950, the Navy Act of 1957, and the Air Force Act of 1950. The Tribunal’s proceedings are governed by the Armed Forces Tribunal (Procedure) rules from 2008. The hearings are conducted in English, and the Tribunal generally follows the process used in the High Court of India.

Composition of the Armed Forces Tribunal

The composition of the AFT is shown in the table below:

Composition of the Armed Forces Tribunal
DesignationQualification
ChairpersonEither a retired judge of the Supreme Court or Retired chief justice of the high court.
Judicial MembersRetired High Court Judges
Administrative membersRetired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more Judge Advocate General (JAG), who has held the appointment for at least one year

Territorial Jurisdiction of AFT

The Armed Forces Tribunal (AFT) has multiple regional benches situated across India, including AFT Chandigarh, AFT Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar, and AFT Jaipur. Apart from the principal bench located in New Delhi, all other locations have a single bench. However, the Chandigarh and Lucknow Regional Benches have three benches each. Each Bench is made up of a Judicial Member and an Administrative Member.

The administrative orders periodically issued by the Government of India shall determine the territorial jurisdiction of the Regional Benches. Currently, the State’s and judges’ territorial jurisdictions are listed in the table below:

Present States and Bench-wise territorial jurisdiction of AFT
SNo.BenchStates
1.Principal BenchNew Delhi
2.Chandigarh BenchHimachal Pradesh, Haryana, Punjab and U.T of Chandigarh
3.Lucknow BenchU.P., U.K.
4.Kolkata BenchWest Bengal, Bihar, Jharkhand, Orissa and U.T. of Andaman and Nicobar Islands
5.Guwahati BenchN.E. Region
6.Mumbai BenchMaharashtra and Gujarat
7.Kochi BenchKerala, Karnataka and Lakshadweep
8.Chennai BenchAndhra Pradesh, Tamil Nadu and U.T. of Pondicherry
9.Jaipur BenchRajasthan
10.Jabalpur BenchM.P. and Chhattisgarh
11.Jammu BenchJ&K

Amendment to the Armed Forces Tribunal Bill, 2012.


The Armed Forces Tribunal (Amendment) Bill, 2012, was introduced by the then-Minister of Defense, Mr. A.K. Antony, in the Rajya Sabha on August 13, 2012. The proposed amendments to the Armed Forces Tribunal Act, 2007 (the Act) are outlined in the bill The tenure of the Chairperson and members of the Tribunal will be extended from four to five years; however, in accordance with the current Act, they will no longer be eligible for reappointment.
Proposing an increase in the age limit of judicial members from 65 to 67 years, in addition to raising the age limit of the chairperson from 65 to 67 years.
Granting the Tribunal equivalent authority to that of a High Court with respect to self-inflicted contempt.
The 1971 Contempt of Court Act shall be applicable, with specific alterations made. In the case of the Advocate General, references to a High Court shall be interpreted as references to the Tribunal, the Attorney-General of India, the Solicitor-General, or the Additional Solicitor-General.

AFT Cell


The Administrative and Appointment Matters Cell, commonly referred to as the AFT Cell, assumes the duty of managing matters pertaining to appointments and administrations within the Armed Forces Tribunal. The Armed Forces Tribunal was instituted by the government to resolve grievances and conflicts concerning military affairs, including appeals from rulings rendered by the Court-Martial of the three services (Army, Navy, and Air Force). The objective of this endeavor is to expedite the administration of justice to personnel of the Armed Forces.

Armed Forces Tribunal Judgements

The below table consists of some of the judgements of AFT.

Armed Forces Tribunal Judgements
SNoJudgementsSubject Matter
1Union of India & Ors Vs. Major General Shri Kant Sharma & AnrIf a person is seeking relief from the court as they feel aggrieved, they may face an anomalous situation if the High Court entertains a petition with the power of High Courts to issue certain writs of the Indian Constitution against orders of the Armed Force Tribunal in matters of appeal against the Court-martial. This is because the aggrieved individual cannot challenge both the orders of the AFT and the High Court in one joint appeal.
2Colonel A.D. Nargolkar Vs. Union of India & OrsThe Indian Constitution eliminates the High Court’s sole administrative supervisory authority over the Armed Forces Tribunal under Article 227(4). However, this does not affect the judicial supervisory authority over the AFT. Therefore, the decisions made by the Armed Forces Tribunal could be subjected to judicial review by the High Court.
3A.Shihabudeen Vs. Principal Controller of DefenceIn this case, the Supreme Court has made an observation that Section 19 of the 1971 Contempt of Court Act grants the Tribunal the authority to initiate coercive procedures under Section 29 to enforce its orders. The petitioner is allowed to file a contempt application to the Tribunal, which is then required to issue a notice and take action against the respondents if they have not complied with the orders. The Central Administrative Tribunal is also directed to follow the same procedure as the Tribunal in cases related to contempt.
4Brig. (Retd.) Surinder Singh Vs. Union of India and AnrA Judge or Member of Tribunal is not obliged to recuse himself from hearing on mere allegations of bias lacking in substance.
5Dinesh Sharma Vs. The Union of India & Amp OrsA new legislation is proposed to provide faster and cheaper justice for the members of Army, Navy and Air Force. This will be done by creating an Armed Forces Tribunal which will handle complaints and disputes related to service matters. It will also hear appeals arising from the judgments of court-martial of the members of the three services. This will ensure that there is a statutory alternative remedy available for the armed forces, making the process of seeking justice more accessible and efficient.
Table No 2

Conclusion

It is an important tribunal that was developed to alleviate the problem of delays in the adjudication of disputes between members of an armed force and the force in Civil Courts. The Armed Forces Tribunal was founded to solve this problem. At this point in time, it is imperative that additional steps be taken in order to address the issue of these delays.

Also Read 1.An Overview of Court Martial In Indian Armed Forces 2023

2. Legal Aspects of Disability Pension in the Indian Army: A Comprehensive Guide with Relevant Case Laws

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