Section 11 of the Armed Forces Tribunal Act, 2007: Restrictions After Ceasing to Hold Office

Section 11 of the Armed Forces Tribunal Act, 2007 prescribes post-tenure restrictions for the Chairperson and other Members after they cease to hold office. It limits future Government employment and also bars a former Chairperson or Member from appearing, acting or pleading before the Armed Forces Tribunal.

Current-law position: Section 11 continues to appear in the current Armed Forces Tribunal Act, 2007. The Tribunals Reforms Act, 2021 regulates qualifications, appointment and service conditions for later appointments through Section 9A of the AFT Act, but it does not contain an equivalent provision expressly repealing or replacing these AFT-specific post-office restrictions. Section 11 should therefore be considered when assessing what a former AFT Chairperson or Member may do after leaving office.

What does Section 11 of the AFT Act, 2007 provide?

Section 11(a) - Chairperson: On ceasing to hold office, the Chairperson becomes ineligible for further employment under the Government of India or the Government of a State.

Section 11(b) - Other Members: A Member other than the Chairperson may, subject to the AFT Act, be appointed as a member of another Tribunal, but is not eligible for other employment under the Government of India or a State Government.

Section 11(c) - Appearance before the AFT: A former Chairperson or other Member shall not appear, act or plead before the Armed Forces Tribunal.

Meaning of the post-office restrictions

Section 11 is intended to preserve the independence and impartiality of the Tribunal by restricting certain forms of post-tenure Government employment and professional appearance before the same Tribunal. The provision treats the Chairperson and other Members differently in relation to appointment to another Tribunal.

Former office-holder	Further Government employment	Appointment to another Tribunal	Appearance before AFT
Chairperson	Not eligible for further employment under the Government of India or a State Government.	Section 11 does not create the express exception given to an ordinary Member.	Not permitted to appear, act or plead before the AFT.
Member other than Chairperson	Not eligible for other Government employment.	May be eligible for appointment as a member of another Tribunal, subject to the Act and applicable appointment law.	Not permitted to appear, act or plead before the AFT.

What does "further employment" mean in Section 11?

The section uses the expression "further employment" in relation to employment under the Government of India or a State Government. Its practical effect is to prevent a former AFT Chairperson from taking another Government employment covered by the provision and to impose the same general restriction on other Members, except for the express statutory possibility of appointment as a member of another Tribunal.

Can a former Member join another Tribunal?

Section 11(b) expressly allows a Member other than the Chairperson to be eligible for appointment as a member of another Tribunal, subject to the AFT Act. Any such appointment must also satisfy the qualification, age, selection and appointment requirements applicable to the other Tribunal, including the Tribunals Reforms Act, 2021 where that Act applies.

Can a former Chairperson or Member practise before the AFT?

No. Section 11(c) expressly states that the Chairperson or other Members shall not appear, act or plead before the Tribunal after ceasing to hold office. The restriction is specific to appearance, acting or pleading before the Armed Forces Tribunal.

Interaction with Section 9A and the Tribunals Reforms Act, 2021

Section 9A of the AFT Act provides that, notwithstanding the AFT Act, appointments made after commencement of the Tribunals Reforms Act, 2021 are governed by Chapter II of that Act in relation to qualifications, appointment, term, salary and allowances, resignation, removal and other terms and conditions of service.

Section 11, however, is a separate provision expressly dealing with restrictions that arise after a person ceases to hold office. Because the current AFT Act continues to contain Section 11 and the Tribunals Reforms Act, 2021 does not set out a directly corresponding AFT post-office restriction, Section 11 remains an important provision to consult when evaluating post-tenure eligibility.

Key points about Section 11

Section 11 applies after the Chairperson or Member ceases to hold office.
A former Chairperson is ineligible for further employment under the Central or a State Government.
A former Member other than the Chairperson may be eligible for appointment as a member of another Tribunal.
A former Member is otherwise barred from further employment under the Central or a State Government.
A former Chairperson or Member cannot appear, act or plead before the Armed Forces Tribunal.
Appointment to another Tribunal remains subject to the qualification and appointment law governing that Tribunal.

Section 11 should be read with Section 8 - Term of office, Section 9 - Resignation and removal, Section 10 - Salaries and service conditions, and Section 12 - Financial and administrative powers of Chairperson.

Official legal resources

Law reviewed and article updated: 7 September 2026.