Section 42 of AFT Act 2007 - Power to Make Rules Retrospectively
Section 42 of the Armed Forces Tribunal Act, 2007 supplements the rule-making power in Section 41 by permitting rules to operate retrospectively, but only within strict statutory limits.
Updated: September 7, 2026
Section 42 - Power to make rules retrospectively
Statutory text: The powers to make rules under Section 41 include the power to make such rules, or any of them, retrospectively from a date not earlier than the date on which this Act came into operation; however, no retrospective effect may be given to a rule so as to prejudicially affect the interests of any person to whom that rule may be applicable.
What does retrospective rule-making mean?
A retrospective rule is a rule that is given legal effect from a date earlier than the date on which the rule itself is made or notified. Section 42 expressly authorises retrospective operation for rules made under Section 41, but it imposes both a temporal limit and a substantive safeguard.
Two statutory limits under Section 42
| Limit | Effect |
|---|---|
| Earliest permissible retrospective date | A rule cannot be made retrospective from a date earlier than the date on which the Armed Forces Tribunal Act came into operation. |
| Protection against prejudice | A retrospective rule cannot be given effect in a manner that prejudicially affects the interests of a person to whom the rule applies. |
What is the earliest date from which a rule can operate retrospectively?
India Code records June 15, 2008 as the enforcement date of the Armed Forces Tribunal Act, 2007. Section 42 therefore does not authorise a rule under Section 41 to be given retrospective effect from a date before June 15, 2008.
Meaning of "prejudicially affect the interests"
The second safeguard is substantive. Even where the chosen retrospective date is otherwise permissible, Section 42 prohibits retrospective effect if it would prejudicially affect the interests of a person to whom the rule may apply.
This wording limits retrospective delegated legislation under the AFT Act. The validity and effect of a particular retrospective rule would depend on its text, the date from which it operates, the interests affected and any binding judicial interpretation.
Section 42 and Section 41
Section 41 authorises the Central Government to make rules for carrying out the provisions of the AFT Act and specifies important subjects for rule-making. Section 42 adds the limited power to give those rules retrospective effect.
Section 42 and Section 43
Section 43 requires every rule made under the Act to be laid before each House of Parliament. It also permits both Houses to agree to modification or annulment of a rule, subject to the statutory protection for things already done under the rule.
Existing AFT rules and amendments
India Code and the Armed Forces Tribunal's official website continue to list the AFT's subordinate legislation, including the Armed Forces Tribunal (Procedure) Rules, 2008, the Armed Forces Tribunal (Practice) Rules, 2009, the Armed Forces Tribunal (Procedure) Amendment Rules, 2011 and later recruitment and administrative rules.
Official legal resources
- India Code - Armed Forces Tribunal Act, 2007 and subordinate legislation
- India Code - Armed Forces Tribunal Act, 2007 PDF
- Armed Forces Tribunal - Acts and Rules
Related AFT Act provisions
See Section 40 - Power to remove difficulties, Section 41 - Power of Central Government to make rules, and Section 43 - Laying of rules. The wider statutory structure is available on the Armed Forces Tribunal Act, 2007 page.
This page is an informational presentation of Section 42. For the validity or effect of a particular retrospective rule, the relevant notification, Section 41 authority, Section 42 safeguards, Section 43 parliamentary procedure and binding judicial decisions should be examined together.