Armed Forces Tribunal

The Armed Forces Tribunal (AFT) is a specialised tribunal that decides military service disputes and appeals against court-martial decisions. Its jurisdiction under the Armed Forces Tribunal Act, 2007 has two principal branches: original jurisdiction over service matters and appellate jurisdiction over courts-martial.

Jurisdiction over service matters

Section 14 empowers the Tribunal to adjudicate service matters concerning persons subject to the Army Act, 1950, Navy Act, 1957, and Air Force Act, 1950. The Act also covers retired personnel in relation to their service matters, including their dependants, heirs and successors insofar as those matters are concerned.

• Service matters include remuneration, allowances, pension and other retirement benefits.
• They also include tenure-related matters such as appointment, enrolment, seniority, training, promotion, reversion, premature retirement, superannuation and termination of service.
• The statutory definition includes summary disposal and trials where dismissal is awarded.
• For adjudicating applications, the Tribunal has specified civil-court powers, including summoning witnesses, requiring production of documents and receiving evidence on affidavits.

Appellate jurisdiction over courts-martial

Section 15 authorises the Tribunal to hear appeals against any order, decision, finding or sentence passed by a court-martial.

• It may allow an appeal against conviction where the finding is legally unsustainable, involves a wrong decision on a question of law, or involves a material irregularity resulting in a miscarriage of justice.
• Its powers include setting aside a conviction, modifying a finding or sentence, and ordering a retrial in accordance with the Act.
• It may grant bail to an accused person in military custody, subject to conditions where appropriate.

Exclusions and jurisdictional limits

The definition of service matters in Section 3(o) expressly excludes certain categories. The Tribunal is therefore not a forum for every military grievance.

• Orders issued under the pleasure provisions of Section 18 of the Army Act, Section 15 of the Navy Act and Section 18 of the Air Force Act are excluded.
• Transfers and postings, including changes of station or unit, and leave of any kind are excluded.
• Summary court-martial matters are excluded unless the punishment is dismissal or imprisonment for more than three months.
• Under Section 21, the Tribunal ordinarily admits an application only after available remedies under the relevant service laws have been exhausted.
• Section 14 expressly preserves the jurisdiction exercisable by the Supreme Court and by High Courts under Articles 226 and 227.