Armed Forces Tribunal Act, 2007 - Chapter IV: Procedure

Section 21 of the AFT Act, 2007: Exhaustion of Remedies Before Filing

Section 21 of the Armed Forces Tribunal Act, 2007 sets the general rule that the Tribunal will not ordinarily admit an application until the applicant has first used the remedies available under the applicable service law and its rules and regulations.

Last reviewed: 7 September 2026

In simple terms: before approaching the Armed Forces Tribunal in a service matter, an applicant should ordinarily pursue the prescribed remedy under the Army Act, 1950, Navy Act, 1957, or Air Force Act, 1950. The requirement is treated as satisfied when a competent authority finally rejects the petition or representation, or when six months pass without a final order.

What Section 21 means

The expression "application not to be admitted unless other remedies exhausted" refers to a statutory pre-condition governing admission of an application before the Armed Forces Tribunal. Section 21 requires the Tribunal to be satisfied that the applicant has ordinarily availed of the remedies available under the relevant service legislation before invoking the Tribunal's jurisdiction.

The word "ordinarily" is important. The provision states the normal rule for admission, while the exact application of the rule depends on the facts, the nature of the grievance, the remedy actually available under the governing service law, and the orders or representations already made.

Text of Section 21 - Armed Forces Tribunal Act, 2007

21. Application not to be admitted unless other remedies exhausted.

(1) The Tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of the remedies available to him under the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), as the case may be, and respective rules and regulations made thereunder.

(2) For the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) or the Air Force Act, 1950 (45 of 1950), and respective rules and regulations -

(a) if a final order has been made by the Central Government or other authority or officer or other person competent to pass such order under the said Acts, rules and regulations, rejecting any petition preferred or representation made by such person;

(b) where no final order has been made by the Central Government or other authority or officer or other person competent to pass such order with regard to the petition preferred or representation made by such person, if a period of six months from the date on which such petition was preferred or representation was made has expired.

When are remedies treated as exhausted?

Section 21(2) creates two statutory situations in which the applicant is deemed to have exhausted the available remedies:

  • Final rejection: a competent authority has passed a final order rejecting the petition or representation.
  • No decision for six months: no final order has been made and six months have expired from the date of the petition or representation.

This deemed-exhaustion rule prevents an applicant from being required to wait indefinitely when the competent authority does not decide the representation.

Relationship with Section 14 and service matters

Section 14 of the Armed Forces Tribunal Act confers jurisdiction, powers and authority on the Tribunal in service matters. Section 3(o) defines "service matters" broadly in relation to persons subject to the Army Act, Navy Act and Air Force Act, while also specifying exclusions. Accordingly, Section 21 is particularly relevant when an applicant seeks to invoke the Tribunal's service-matter jurisdiction under Section 14.

Section 21 and limitation under Section 22

Exhaustion of remedies and limitation should be considered together. Section 22 of the AFT Act, 2007 prescribes the limitation framework for applications, including cases where a final order referred to in Section 21(2)(a) has been made and cases where six months have expired without a final order under Section 21(2)(b).

Practical point: the date of the final order, or the expiry of six months after the petition or representation, can be important for calculating the time available to approach the Tribunal. The applicable facts and the full text of Section 22 should therefore be checked before filing.

Official legal references

Armed Forces Tribunal Act, 2007 - India Code Army Act, 1950 - India Code Navy Act, 1957 - India Code Air Force Act, 1950 - India Code

Key takeaway

Section 21 establishes exhaustion of available service remedies as the ordinary gateway to admission of an application before the Armed Forces Tribunal. A final rejection satisfies the requirement, and where the competent authority does not pass a final order, the law treats the remedies as exhausted after six months from the petition or representation. Applicants should read Section 21 together with the Tribunal's jurisdiction provisions and the limitation rules in Section 22.