Section 2 of the Armed Forces Tribunal Act, 2007 - Applicability of the Act

Section 2 of the Armed Forces Tribunal Act, 2007 identifies the persons to whom the Act applies. It covers persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950. It also extends, for service matters, to retired personnel covered by those service laws and to their dependants, heirs and successors.

At a glance

The Armed Forces Tribunal Act, 2007 is Act No. 55 of 2007. It was enacted on 25 December 2007 and came into force on 15 June 2008. Section 2 is the basic applicability provision that determines whose matters may fall within the statutory framework of the Act.

Text of Section 2 - Applicability of the Act

(1) The provisions of this Act shall apply to all persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950).

(2) This Act shall also apply to retired personnel subject to the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), including their dependants, heirs and successors, in so far as it relates to their service matters.

What Section 2 means

1. Serving personnel covered by the three service Acts

Section 2(1) links the applicability of the Armed Forces Tribunal Act to persons who are subject to the Army Act, 1950, the Navy Act, 1957 or the Air Force Act, 1950. Whether a person is "subject to" one of those enactments depends on the relevant provisions of that service Act.

2. Retired personnel are also covered for service matters

Section 2(2) expressly extends the Act to retired personnel who were subject to the Army Act, the Navy Act or the Air Force Act. This extension is limited by the words "in so far as it relates to their service matters."

3. Dependants, heirs and successors may be covered

Section 2(2) also includes the dependants, heirs and successors of such retired personnel where the dispute relates to the retired person's service matters. This can be relevant where a service-related entitlement or claim survives or affects a qualifying dependant, heir or successor.

Meaning of "service matters" under the AFT Act

The expression "service matters" is defined in Section 3 of the Armed Forces Tribunal Act, 2007. Broadly, the definition concerns specified matters relating to the conditions of service of persons subject to the Army Act, Navy Act and Air Force Act. The statutory definition includes categories such as remuneration and allowances, pension and retirement benefits, tenure and specified service conditions, while also containing exclusions that must be checked in the full text of Section 3.

For the complete statutory definition, see Section 3 of the Armed Forces Tribunal Act, 2007 - Definitions.

Why Section 2 is important

Section 2 is a threshold provision. Before examining the Tribunal's jurisdiction over a particular service dispute or court-martial matter, it is necessary to determine whether the person concerned falls within the classes to whom the Act applies. Jurisdiction over service matters is principally dealt with in Section 14, while appellate jurisdiction in court-martial matters is dealt with in Section 15.

Official statutory references

The current central Act can be checked on the Government of India's India Code portal. The official Armed Forces Tribunal website also provides information about the Tribunal and its statutory role.

Legal note: This page explains Section 2 for general reference. Applicability in an individual case can depend on the person's legal status under the relevant service Act, the nature of the dispute and the specific jurisdictional provisions of the Armed Forces Tribunal Act, 2007.

Reviewed against official statutory sources: September 2026.