Section 4 of the Armed Forces Tribunal Act, 2007 - Establishment of Armed Forces Tribunal

Section 4 of the Armed Forces Tribunal Act, 2007 is the statutory provision that requires the Central Government to establish the Armed Forces Tribunal by notification. The Tribunal is the body constituted under the Act to exercise the jurisdiction, powers and authority assigned to it by or under the legislation.

Statutory context

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 4 appears in Chapter II, titled "Establishment of Tribunal and Benches Thereof."

Text of Section 4 - Establishment of Armed Forces Tribunal

The Central Government shall, by notification, establish a Tribunal to be known as the Armed Forces Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act.

What Section 4 means

1. Establishment is by the Central Government

Section 4 places the statutory responsibility for establishing the Armed Forces Tribunal on the Central Government. The provision uses the word "shall", making establishment of the Tribunal a mandatory consequence of the statutory scheme.

2. Establishment must be by notification

The Tribunal is to be established "by notification". Under Section 3, "notification" means a notification published in the Official Gazette. Section 3 also defines "appointed day" by reference to the date from which the Tribunal is established by notification under Section 4.

3. The statutory name is Armed Forces Tribunal

The body established under Section 4 is expressly known as the "Armed Forces Tribunal". Section 3 further defines "Tribunal" as the Armed Forces Tribunal established under Section 4.

4. Its authority comes from the AFT Act

Section 4 does not itself list every power of the Tribunal. Instead, it establishes the Tribunal so that it may exercise the jurisdiction, powers and authority conferred by or under the Act. The principal jurisdictional provisions include Section 14 for service matters and Section 15 for appeals against court-martial orders, findings or sentences.

Relationship with Section 5 - Benches of the Tribunal

Section 4 establishes the Tribunal as the statutory institution. The next provision, Section 5, deals with its composition and Benches. Under the Act, the Tribunal consists of a Chairperson and such number of Judicial and Administrative Members as provided by law, and its jurisdiction may be exercised through Benches.

Purpose of establishing the Armed Forces Tribunal

The long title of the Armed Forces Tribunal Act explains the legislative purpose. The Act provides for adjudication or trial by the Tribunal of disputes and complaints relating to commission, appointments, enrolment and conditions of service of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950. It also provides for appeals arising from orders, findings or sentences of courts martial held under those service Acts.

When was the Armed Forces Tribunal established?

The Armed Forces Tribunal Act came into force on 15 June 2008. The Tribunal was subsequently inaugurated on 8 August 2009. The Principal Bench is at New Delhi, with Regional Benches at locations notified under the Act.

Legal significance: Section 4 creates the statutory institution, while other provisions define who may invoke its jurisdiction, the matters it may decide, the composition of its Benches and the procedure governing proceedings before it.

Related provisions of the AFT Act

Official statutory references

The current central Act and the official statutory text of Section 4 can be checked on the Government of India's India Code portal. Information about the functioning and Benches of the Tribunal is also available from the official Armed Forces Tribunal website.

Legal note: This article is intended as a general statutory reference. Questions concerning the jurisdiction of a particular Bench, maintainability of proceedings or the applicability of the Act should be examined with reference to the full Act, applicable rules, notifications and current judicial decisions.

Reviewed against official statutory sources: September 2026.