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Section 31 of AFT Act 2007 - Leave to Appeal to Supreme Court

Section 31 of the Armed Forces Tribunal Act, 2007 governs leave to appeal from a decision of the Armed Forces Tribunal to the Supreme Court. It sets the legal threshold for grant of leave, prescribes the relevant 30-day periods, and explains when an appeal or leave application is treated as pending.

Updated: September 7, 2026

In brief: Leave is linked to a point of law of general public importance, or a point which the Supreme Court considers ought to be examined. An application to the Tribunal for leave is to be made within 30 days from the Tribunal's decision. If the Tribunal refuses leave, an application to the Supreme Court is to be made within 30 days from the date of refusal.

What does "leave to appeal" mean under Section 31?

"Leave to appeal" means permission required for an appeal to proceed to the Supreme Court under the statutory appeal mechanism of the Armed Forces Tribunal Act, 2007. Section 31 does not make every adverse decision automatically appealable. The provision requires the case to involve a qualifying point of law.

Section 31 should be read with Section 30, which deals with appeals to the Supreme Court, and Section 32, which deals with extension of time by the Supreme Court.

Section 31 - Leave to appeal

Section 31(1): An appeal to the Supreme Court shall lie with the leave of the Tribunal; and such leave shall not be granted unless it is certified by the Tribunal that a point of law of general public importance is involved in the decision, or it appears to the Supreme Court that the point is one which ought to be considered by that Court.

Section 31(2): An application to the Tribunal for leave to appeal to the Supreme Court shall be made within a period of thirty days beginning with the date of the decision of the Tribunal and an application to the Supreme Court for leave shall be made within a period of thirty days beginning with the date on which the application for leave is refused by the Tribunal.

Section 31(3): An appeal shall be treated as pending until any application for leave to appeal is disposed of and if leave to appeal is granted, until the appeal is disposed of; and an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it might have been made, but it is not made within that time.

Legal requirements under Section 31(1)

The central requirement is not merely that a party disagrees with the Tribunal's decision. The provision focuses on a point of law. The Tribunal may grant leave where it certifies that the decision involves a point of law of general public importance. The provision also recognizes consideration by the Supreme Court where the point is one which, in the Supreme Court's view, ought to be considered by it.

Time limit under Section 31(2)

Application Statutory period Starting point
Application to the Armed Forces Tribunal for leave to appeal 30 days Date of the Tribunal's decision
Application to the Supreme Court for leave after refusal by the Tribunal 30 days Date on which leave is refused by the Tribunal
Related provision - Section 32: Section 32 expressly provides that the Supreme Court may, on an application by the appellant, extend the time within which an appeal may be preferred to it under Section 30 or Section 31(2).

Effect of Section 31(3)

Sub-section (3) addresses when the appeal process is treated as pending. If an application for leave is made, the appeal is treated as pending until the leave application is disposed of. If leave is granted, it continues to be treated as pending until disposal of the appeal. The sub-section also deems a leave application disposed of when the period for making it expires without an application being filed.

How Sections 30, 31 and 32 work together

Section 30 provides the statutory framework for appeals to the Supreme Court, subject to Section 31. Section 31 deals specifically with leave to appeal and its time limits. Section 32 empowers the Supreme Court to extend the time for an appeal to that Court under the provisions specified in Section 32.

Official legal sources

Related AFT Act provisions

For the statutory appeal sequence, see Section 30 - Appeal to Supreme Court and Section 32 - Condonation. The broader structure of the legislation is available on the Armed Forces Tribunal Act, 2007 page.

This page is an informational presentation of the statutory provision. For filing, limitation and procedural requirements in a particular case, the current Act, applicable Supreme Court Rules, Tribunal rules and binding judicial decisions should be checked.