The Armed Forces Tribunal Act, 2007 establishes a specialised tribunal for adjudication of disputes and complaints concerning commission, appointments, enrolment and conditions of service of persons subject to the Army Act, 1950, Navy Act, 1957 and Air Force Act, 1950, and for appeals from court-martial orders, findings and sentences.
AFT jurisdiction, limitation and appeals - key points
Service matters
Section 14 deals with the Tribunal's jurisdiction, powers and authority in service matters.
Court-martial appeals
Sections 15-17 govern appellate jurisdiction and powers in matters arising from court martial.
Exhaustion of remedies
Under Section 21, an application is ordinarily not admitted until the available statutory service remedies have been used. Where no final order is made on a petition or representation, the Act recognises the expiry of six months for this purpose.
Limitation
Section 22 generally prescribes six months in the situations stated in Section 22(1), while Section 22(2) enables admission beyond that period where sufficient cause is shown.
Supreme Court appeal
Section 30 provides for appeal to the Supreme Court against a final decision or order, subject to Section 31 and the statutory time limits; interlocutory orders are excluded.
Leave to appeal
Section 31 governs leave to appeal and includes a 30-day period for applying to the Tribunal for leave, with a further statutory route to the Supreme Court after refusal.
Section-wise Armed Forces Tribunal Act, 2007
Select a section below to open the corresponding detailed page.
Chapter I - Preliminary
- Section 1Short title and commencement
- Section 2Applicability of the Act
- Section 3Definitions
Chapter II - Establishment of Tribunal and Benches
- Section 4Establishment of Armed Forces Tribunal
- Section 5Composition of Tribunal and Benches thereof
- Section 6Qualifications for appointment of Chairperson and other Members
- Section 7Appointment of Chairperson and other Members
- Section 8Term of office
- Section 9Resignation and removal
- Section 10Salaries, allowances and other terms and conditions of service of Chairperson and other Members
- Section 11Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member
- Section 12Financial and administrative powers of Chairperson
- Section 13Staff of the Tribunal
Chapter III - Jurisdiction, Powers and Authority
- Section 14Jurisdiction, powers and authority in service matters
- Section 15Jurisdiction powers and authority in matters of appeal against court martial
- Section 16Re-trial
- Section 17Powers of the Tribunal on appeal under section 15
- Section 18Cost
- Section 19Power to punish for contempt
- Section 20Distribution of business among the Benches
Chapter IV - Procedure
- Section 21Application not to be admitted unless other remedies exhausted
- Section 22Limitation
- Section 23Procedure and powers of the Tribunal
- Section 24Term of sentence and its effect on appeal
- Section 25Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel
- Section 26Condition as to making of interim order
- Section 27Power of Chairperson to transfer cases from one Bench to another
- Section 28Decision to be by majority
- Section 29Execution of order of Tribunal
Chapter V - Appeal
Chapter VI - Miscellaneous
- Section 33Exclusion of jurisdiction of civil courts
- Section 34Transfer of pending cases
- Section 35Provision for filing of certain appeals
- Section 36Proceedings before Tribunal to be judicial proceedings
- Section 37Members and staff of Tribunal to be public servants
- Section 38Protection of action taken in good faith
- Section 39Act to have overriding effect
- Section 40Power to remove difficulties
- Section 41Power of Central Government to make rules
- Section 42Power to make rules retrospectively
- Section 43Laying of rules