Section 39 of AFT Act 2007 - Act to Have Overriding Effect
Section 39 of the Armed Forces Tribunal Act, 2007 is a non-obstante provision. It gives the Act overriding effect where another law in force, or an instrument having effect by virtue of another law, contains something inconsistent with the AFT Act.
Updated: September 7, 2026
Section 39 - Act to have overriding effect
Statutory text: The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
What is a non-obstante clause?
A non-obstante clause is statutory language beginning with words such as "notwithstanding anything inconsistent therewith." Its function is to indicate that, where the provision containing the clause conflicts with another law within the scope described by the legislature, the provision containing the non-obstante clause is intended to prevail to the extent of that inconsistency.
What does Section 39 override?
| Category | Effect under Section 39 |
|---|---|
| Another law for the time being in force | The AFT Act prevails where the other law contains a provision inconsistent with the AFT Act. |
| An instrument having effect by virtue of another law | The AFT Act prevails where the instrument is inconsistent with the AFT Act. |
| No inconsistency | Section 39 does not by its wording displace another law or instrument merely because both operate in the same field. |
Meaning of "inconsistent" in Section 39
The key trigger in Section 39 is inconsistency. The provision is therefore concerned with a conflict between the Armed Forces Tribunal Act and another law or instrument. If both provisions can operate without contradiction, the text of Section 39 does not itself require the other provision to be ignored.
Section 39 and the jurisdiction of the Armed Forces Tribunal
The overriding clause operates within the statutory scheme of the Armed Forces Tribunal Act. Jurisdiction in service matters and court-martial appeals is governed by the substantive jurisdiction provisions of the Act. Section 39 supports that scheme by resolving inconsistency with other laws or instruments; it does not independently create a new category of jurisdiction beyond the Act.
The Armed Forces Tribunal's official website describes the Tribunal as exercising jurisdiction in service matters concerning persons subject to the Army Act, 1950, Navy Act, 1957 and Air Force Act, 1950, and in appeals arising from court-martial orders, findings and sentences.
Relationship with Sections 33 and 38
Section 33 specifically addresses exclusion of civil court jurisdiction in service matters falling within the Tribunal's statutory field. Section 38 protects specified acts done or intended in good faith. Section 39 is broader in a different sense: it addresses inconsistency between the AFT Act and other laws or instruments.
Relationship with rules and subordinate instruments
Section 39 expressly refers not only to another law but also to an instrument having effect by virtue of another law. This makes the clause relevant where a statutory instrument made under another enactment conflicts with the Armed Forces Tribunal Act. Rules made under the AFT Act itself remain subject to the parent Act and the rule-making provisions contained in Sections 41 to 43.
Official legal resources
- India Code - Armed Forces Tribunal Act, 2007 PDF
- Armed Forces Tribunal - Acts and Rules
- Armed Forces Tribunal - Jurisdiction
Related AFT Act provisions
See Section 38 - Protection of action taken in good faith, Section 40 - Power to remove difficulties, and Section 41 - Power of Central Government to make rules. The wider statutory structure is available on the Armed Forces Tribunal Act, 2007 page.
This page is an informational presentation of Section 39. Whether Section 39 overrides another statutory provision or instrument in a particular dispute depends on the existence and extent of inconsistency and on applicable binding judicial interpretation.