Section 14 of the Armed Forces Tribunal Act, 2007: Jurisdiction, Powers and Authority in Service Matters

Section 14 of the Armed Forces Tribunal Act, 2007 gives the Armed Forces Tribunal jurisdiction over service matters concerning persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950. It also regulates how an aggrieved person may apply to the Tribunal and gives the Tribunal specified powers similar to those of a civil court.

Current-law note: Section 14 remains in force. Its clause on requisitioning public records still textually refers to Sections 123 and 124 of the Indian Evidence Act, 1872. The Bharatiya Sakshya Adhiniyam, 2023 came into force on 1 July 2024 and is now the general evidence statute. The statutory wording of Section 14 should therefore be preserved as enacted while the current evidence-law framework is also considered in practice.

What does Section 14 provide?

Section 14(1): Subject to the AFT Act, the Tribunal exercises the jurisdiction, powers and authority previously exercisable by courts in relation to service matters, except the Supreme Court and a High Court exercising jurisdiction under Articles 226 and 227 of the Constitution.

Section 14(2): A person aggrieved by an order relating to a service matter may file an application in the prescribed form with supporting documents or evidence and the prescribed fee.

Section 14(3): The Tribunal may admit an application if it is fit for adjudication. If it declines admission, reasons must be recorded in writing.

Section 14(4): For adjudication, the Tribunal has specified powers comparable to those of a civil court under the Code of Civil Procedure, 1908.

Section 14(5): The Tribunal decides both questions of law and questions of fact raised before it.

What are "service matters" under the AFT Act?

Section 3(o) defines "service matters" broadly in relation to persons subject to the Army Act, Navy Act and Air Force Act. It covers matters relating to conditions of service and specifically includes remuneration and allowances, pension and retirement benefits, tenure, commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination and penal deductions.

The definition also includes summary disposal and trials where the punishment of dismissal is awarded, together with other service matters not expressly excluded by the Act.

Which matters are excluded from the definition?

Excluded category	Position under Section 3(o)
Certain termination orders	Orders under Section 18 of the Army Act, Section 15(1) of the Navy Act and Section 18 of the Air Force Act are excluded.
Transfers and postings	Transfers and postings, including change of place or unit on posting, are excluded.
Leave	Leave of any kind is excluded.
Summary court martial	Generally excluded, except where the punishment is dismissal or imprisonment for more than three months.

Who can file an application under Section 14?

A person aggrieved by an order pertaining to a service matter may make an application to the Tribunal under Section 14(2). The application must comply with the Armed Forces Tribunal (Procedure) Rules, 2008 and any applicable amendments, including requirements concerning form, supporting material, affidavit and fee.

The official AFT website also publishes forms used in Tribunal practice, including applications and procedural forms relevant to pending matters.

What civil-court powers does the AFT have?

Section 14(4) gives the Tribunal powers corresponding to a civil court under the Code of Civil Procedure, 1908 for specified procedural matters:

Summoning and enforcing attendance of persons and examining them on oath.
Requiring discovery and production of documents.
Receiving evidence on affidavits.
Requisitioning public records or documents, subject to the statutory evidence-law limitation stated in the provision.
Issuing commissions for examination of witnesses or documents.
Reviewing its decisions.
Dismissing an application for default or deciding it ex parte.
Setting aside dismissal for default or an ex parte order.
Exercising any additional prescribed power.

Current evidence-law position

The text of Section 14(4)(d) refers to Sections 123 and 124 of the Indian Evidence Act, 1872. Since 1 July 2024, the Bharatiya Sakshya Adhiniyam, 2023 is the general central evidence law. Accordingly, the enacted text of Section 14 should be quoted accurately, while current proceedings should also account for the Bharatiya Sakshya Adhiniyam, 2023 and any applicable saving or interpretive provisions.

Does Section 14 exclude High Court jurisdiction?

Section 14(1) expressly excludes a High Court when it is exercising jurisdiction under Articles 226 and 227 of the Constitution from the jurisdiction transferred to the AFT. The constitutional position of judicial review by the High Courts therefore requires separate consideration and is not displaced by the wording of Section 14(1).

Can the AFT decide both law and facts?

Yes. Section 14(5) expressly provides that the Tribunal shall decide both questions of law and questions of fact that may be raised before it. This enables the Tribunal to examine the legal validity of a service order as well as the factual issues necessary to decide the application.

Key points about Section 14

Section 14 is the principal AFT provision governing jurisdiction in service matters.
Its scope depends on the statutory definition of "service matters" in Section 3(o).
Some matters, including transfers, postings and leave, are expressly excluded from that definition.
An aggrieved person may file an application in the prescribed form with the prescribed supporting material and fee.
The Tribunal must record reasons if it dismisses an application at the admission stage.
The Tribunal has specified civil-court powers for adjudication.
The AFT decides both factual and legal questions.
The statutory evidence-law cross-reference should be read in light of the Bharatiya Sakshya Adhiniyam, 2023, in force from 1 July 2024.

Section 14 should be read with Section 3 - Definitions, Section 13 - Staff of the Tribunal, Section 15 - Court-martial appeals, Section 16 - Re-trial, and Section 17 - Powers on appeal under Section 15.

Official legal resources

Law reviewed and article updated: 7 September 2026.