.jpg)
Prabuddha Dhanaji Kale,
DES's Shree Navalmal Firodia Law College
Introduction
The Armed Forces Tribunal was enacted under the Armed Forces Tribunal Act, 2007 (Act No. 55 of 2007), as a landmark development in the resolution of service matters for service personnel in India. The Act applies to personnel regulated under the Army, Navy, and Air Force Acts, including active personnel, and retired personnel, including their dependents, legal heirs, and successors. The tribunal’s jurisdiction is expansive and includes service matters such as service conditions, pay, allowances, pension, tenure, promotions, and disciplinary actions. The Tribunal provides a more favorable forum to service personnel to make claims from the Armed Forces as the Tribunal is a specialized and exclusive forum in terms of being timelier and more cost-effective than civil courts. The Tribunal is structured into a Principal Bench in New Delhi and several Regional Benches to provide access to the Tribunal for personnel across India. The Tribunal has judicial members who are retired from the High Courts and typically have prior experience in military law, as well as administrative members who are retired from the high echelons of the military system. The Tribunal has civilian powers and its judgments can only be challenged in the Supreme Court of India.
Establishment and Constitution
The AFT was established under the Armed Forces Tribunal Act, 2007 (Act No. 55 of 2007). This Act applies to all individuals subject to the Army, Navy, or Air Force Acts and extends to retired personnel, their dependents, heirs, and successors concerning service issues. The tribunal's jurisdiction covers a wide range of service matters, including conditions of service, remuneration, allowances, benefits, pensionary benefits, tenure, promotions, and disciplinary actions.
Composition of Tribunal and Benches
AFT consists of a chairperson, judicial members, and administrative members appointed by the federal government. Each bench has one judicial member and one administrative member.
The main bench is located in Delhi while there are regional benches in various cities
Major Features
• Jurisdiction: The AFT deals with claims regarding recruitment, commissioning, enrolment, and terms of service for the Army, Navy, and Air Force personnel covered under the 1950 Army Act, Navy Act, and Air Force Act respectively. It also has appellate jurisdiction in respect of orders, findings, or sentences made by court-martial. Principal Bench: The tribunal’s principal bench is located in New Delhi to oversee its functioning as well as ensure uniformity in judicial processes. Regional Benches: It also maintains regional benches at Chandigarh, Lucknow, Kolkata, Guwahati Chennai Kochi Mumbai, and Jaipur making them accessible to military personnel from all across India.
• Judicial Members: To bring legal knowledge into the tribunal, judicial members are made up of retired high court judges. Administrative Members: Retired Major Generals or their equivalent from the army, navy, air force rank, ex-judge advocate generals, and those who have held such offices for at least a year serve as administrative members. Their understanding of military contexts is essential given they have served in the military before. Chairman: The chairman has been either a retired high court chief justice or a former supreme court judge hence guaranteeing that there is top-level judiciary input.
Powers and Functions
1. Dispute Resolution: The AFT adjudicates disputes related to military personnel's commission, appointments, and conditions of service, offering a specialized forum for addressing military-specific issues.
2. Court-Martial: Court-Martial Appeals The tribunal reviews and adjudicates appeals from court-martial decisions, ensuring fairness and due process in military justice.1
3. Legal Authority: The AFT exercises powers similar to those of civil courts, including summoning witnesses, administering oaths, and requiring the production of documents. 4. Appeal Process: Decisions of the AFT can only be appealed in the Supreme Court of India, bypassing High Courts, which streamlines the appeals process and maintains the tribunal's specialized focus.
Limitation
The limitation is only related to Outside Jurisdiction. The AFT does not have power over paramilitary organizations such as the Assam Rifles and the Coast Guard. Exclusion from High Courts: Appeals from AFT cannot be taken to the High Courts; instead, they can only go through the Supreme Court thus making it a direct appeal route that is specific to all cases. The establishment of AFT was aimed at resolving the huge backlog of service-related matters and court-martial that were pending before various judicial forums. The judgment in the case of Priti Pal Singh Bedi by the Supreme Court emphasized having an independent appellate authority with scope for review. This prompted parliament to enact the Armed Forces Tribunal Act 2007. The tribunal aims to provide military personnel with a separate platform for judicial review where service issues and court-martial appeals are heard in an unbiased manner
Definitions:
• Other Tribunal members: These are usually individuals in the Army who no longer serve as judges.
• Judicial Member: A former High Court Judge, including a chairman. Service
• Matters: Such matters include compensation, allowances, other benefits, retirement benefits, tenure, promotions, and disciplinary measures. This tribunal deals with many issues relating to service such as commissioning, appointment, enrollment training programs within the armed forces on promotion reversion retirement superannuation termination penalty deductions, etc.
Term of Officers and Exclusions from Service Matters
1) Exclusions from Service Matters:
a) Presidential Pleasure Doctrine: An action done under the President’s pleasure cannot be challenged in the AFT. Transfers and Postings: This includes matters concerning individual or unit transfers and postings that are outside its purview.
b) Leave: Excluded are matters regarding all forms of leave including scheduled or medical leave.
c) Summary Court-Martial: Save where punishment has been awarded beyond dismissal or imprisonment exceeding three months, summary court-martial decisions are beyond its jurisdiction.
2) Term of Office:
Chairpersons serve for four years with an age limit of 70 years whereas members can retire at 65 years. Post-Service Restrictions: Chairmen cannot work for the government anymore, while members cannot take up any other employment but can go to other tribunals. They are not allowed to appear before the AFT as lawyers or litigants once their term expires.
Qualifications and Appointments of Officers in AFT
1. Chairperson: At least to be a retired Supreme Court judge or High Court Chief Justice.
2. Judicial Members: Retired High Court Judges.
3. Administrative Members: Retired officers who held the rank of Major General or its equivalent with at least three years’ service or Judge Advocate General officers with at least one year’s service. Public servants may join only after retirement.
Landmark case Law
Union of India v. Major General Shri Kant Sharma and another, (2015) 6 SCC 773
The Supreme Court of India dealt with the issue on March 11, 2015, in Union of India &Ors. vs. Major General Shrikant Sharma &Anr and, it concerned the question of whether a right to appeal under Section 30 of the Armed Forces Tribunal Act, 2007( hereinafter referred to as ‘the Act’ for brevity) against an order by the Armed Forces Tribunal (hereinafter referred to as ‘the Tribunal’) would be affected by a leave of the Tribunal obtained under Section 31 of the Act or given by the Supreme Court or even barred from seeking such leave for appeal before the Honorable Court in respect to Article 136(2) Indian Constitution and its implication regarding governance through High Courts within Article 226 Indian Constitution about issues that touch on Military Affairs1. For some prayers, these included all however one case where they were attesters instead of leaders who are Union of India and others. The attesters were Army personnel who desired that their conditions of service should be heard and determined separately from any other matter before this tribunal. When relief was not granted, the Army labor force objected to the Tribunal’s orders before distinct High Courts, under Article 226 of the Constitution. The Supreme Court considered whether a right of appeal under the Act or a bar on leave to appeal before the Supreme Court would prevent governance by the High Court under Article 226. The honourable court found that the High Court could choose to entertain writ petitions in terms of Article 226 of the constitution even in cases where the act provided for an appellate remedy by way of leave before the tribunal or to the Supreme Court. However, learned counsel appearing for Union of India argued that “the high court should not entertain analogous writ solicitation contrary to a law enacted by parliament through armed forces tribunal 2007.” The Court also held that “the Governance by high court under article 226 in respect of matters related to Armed forces is intact3.” In short, the Supreme Court validated high courts’ jurisdiction under Article 226 and held it was not ousted by provisions of the Armed Forces Tribunal Act 2007.
Conclusion:
The AFT or Armed Forces Tribunal under the Armed Forces Tribunal Act 2007 deals with service matters for soldiers of the Army, navy, and Air Force its employees presently serving or retired, and their dependents. It has the power on recruitment, conditions of service, promotions, retirement, and discipline, and has appellate jurisdiction from court-martial cases. The AFT has its principal seat in New Delhi and has benches at various other centers in India. Judicial members of the tribunal are high court judges in their post-retirement while administrative members are military officers whose retired status guarantees specialized military and legal analysis. Its decisions can be appealed only by the Supreme Court. Nevertheless, the AFT does not entertain the parameters of paramilitary forces and their transfers, postings, and leave matters. Created to address the backlog of related service cases, a specialized judicial venue meets the military personnel’s needs. AFT has specific requirements for the chairperson and the board members with a set term of services and regulation of the post-employment activities. The Armed Forces Tribunal is a part of the judicial system in India and the primary forum for adjudicating service-related disputes of members of the Armed Forces. Reference is made to the Armed Forces Tribunal Act, 2007, and its enactment and working
Report & References
• (JULY 10, 2024)
• ARMED FORCES TRIBUNAL Home - ARMED FORCES TRIBUNAL (PRINCIPAL
• (July 10, 2024)
• INDIAN KANOON, Union Of India & Ors vs Major General Shri Kant Sharma & Anr on 11 March, 2015 (indiankanoon.org)
• (July 10, 2024)
Comments