Section 28 of Armed Forces Tribunal Act, 2007: Decision to Be by Majority

Section 28 of the Armed Forces Tribunal Act, 2007 explains how a difference of opinion among Members of an Armed Forces Tribunal Bench is resolved. Where a majority exists, the majority view governs. Where the Members are equally divided, the point or points of difference are referred through the Chairperson for further hearing and decision.

In simple terms: if the Members disagree but one view has a majority, that view decides the point. If the Bench is evenly divided, the Members identify the points of disagreement and refer them to the Chairperson, who may hear the points personally or refer them to one or more other Members. The final outcome on those points follows the majority of all Members who hear them, including the original Members.

What does Section 28 of the AFT Act provide?

Section 28 is part of Chapter IV of the Armed Forces Tribunal Act, 2007 and deals specifically with differences of opinion within a Bench. It ensures that a case does not remain undecided merely because Members take different views on a legal or factual point.

Text of Section 28 - Decision to be by majority

If the Members of a Bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if there is a majority, but if the Members are equally divided, they shall state the point or points on which they differ and make a reference to the Chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the Members of the Tribunal and such point or points shall be decided according to the opinion of the majority of the Members of the Tribunal who have heard the case, including those who first heard it.

Decision where a majority exists

The first part of Section 28 applies where Members of the Bench disagree on a point but one opinion commands a majority. In that situation, the point is decided according to the majority opinion.

What happens when Members are equally divided?

If the Members are equally divided, Section 28 requires them to state the specific point or points on which they differ. The matter is then referred to the Chairperson.

This mechanism is important because it narrows the further hearing to the identified points of difference rather than requiring the entire proceeding to begin again.

Role of the Chairperson under Section 28

After receiving the reference, the Chairperson has two statutory options. The Chairperson may hear the point or points personally, or may refer the case for hearing on those points by one or more Members of the Tribunal.

Key feature: the statutory reference mechanism is triggered only when the original Members are equally divided. The Chairperson then determines how the identified points of difference will be heard.

How is the final majority calculated?

The disputed point or points are decided according to the majority opinion of the Members who have heard the case, and this count includes the Members who originally heard it.

The section therefore treats the original Members as part of the overall decision-making body for the disputed points even after an additional hearing is arranged through the Chairperson.

Meaning of "point or points" under Section 28

The expression refers to the specific issue or issues on which the Members differ. Those issues may concern law, fact or another matter necessary for deciding the case, depending on the nature of the proceeding.

Practical operation of Section 28

If all Members agree, Section 28 does not need to be invoked.
If Members differ but a majority exists, the majority view decides the point.
If the Members are equally divided, they identify the point or points of difference.
The matter is referred to the Chairperson.
The Chairperson may hear the points or refer them to one or more other Members.
The final decision follows the majority of all Members who heard the case on those points, including the original Members.

Section 28 in AFT practice

The Armed Forces Tribunal, Principal Bench, maintains an official category for matters referred under Section 28. This reflects the continuing practical use of the statutory reference mechanism where Benches are equally divided on one or more points.

Relationship with nearby AFT provisions

Section 28 follows Section 27, which deals with transfer of cases between Benches, and is followed by Section 29, which deals with execution of orders of the Tribunal.

Official legal references

India Code - Armed Forces Tribunal Act, 2007: Official Act page on India Code

Armed Forces Tribunal, Principal Bench - Matters referred under Section 28: Official Section 28 matters page

Armed Forces Tribunal, Principal Bench - AFT Act and Rules: Official AFT Act and Rules page

Related provisions

Also read Section 26 - Conditions for interim orders, Section 27 - Transfer of cases between Benches, Section 29 - Execution of order of Tribunal and Section 30 - Appeal to Supreme Court.