Section 43 of AFT Act 2007 - Laying of Rules Before Parliament
Section 43 of the Armed Forces Tribunal Act, 2007 provides parliamentary oversight over rules made under the Act. Every rule must be laid before both Houses of Parliament for the statutory period, and both Houses may agree to modify or annul the rule.
Updated: September 7, 2026
Section 43 - Laying of rules
Statutory text: Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session, for a total period of thirty days. The period may be comprised in one session or in two or more successive sessions. If, before expiry of the session immediately following the relevant session or successive sessions, both Houses agree to modify the rule or agree that the rule should not be made, the rule shall thereafter have effect only in the modified form or be of no effect, as the case may be. Any such modification or annulment is without prejudice to the validity of anything previously done under that rule.
Why are rules laid before Parliament?
Rules made under the Armed Forces Tribunal Act are delegated legislation. Section 43 ensures that rules made by the executive under the authority of the Act remain subject to parliamentary scrutiny after they are made.
The provision does not merely require submission of a rule to Parliament. It also gives both Houses a statutory role in modifying the rule or deciding that the rule should not continue to have effect.
How the 30-day laying period works
| Requirement | Effect |
|---|---|
| Rule must be laid before each House | Both the Lok Sabha and the Rajya Sabha receive the rule for parliamentary scrutiny. |
| Parliament must be in session | The statutory laying period runs while the Houses are in session. |
| Total period | The rule is to be laid for a total of 30 days. |
| Sessions | The 30 days may fall within one session or be spread over two or more successive sessions. |
| Modification | If both Houses agree to modify the rule within the statutory time, the rule thereafter operates only in the modified form. |
| Annulment | If both Houses agree that the rule should not be made, the rule thereafter has no effect. |
| Prior actions | Modification or annulment does not invalidate anything previously done under the rule. |
What does "both Houses agree" mean?
Section 43 requires agreement by both Houses for modification or annulment. A unilateral view of only one House is not sufficient under the wording of this provision to modify or annul a rule.
Effect of modification by Parliament
If both Houses agree to modify a rule, the rule does not become void from the beginning. Instead, it "shall thereafter have effect only in such modified form." The word "thereafter" is important because Section 43 separately protects the validity of acts already done under the rule.
Effect of annulment by Parliament
If both Houses agree that a rule should not be made, the rule thereafter becomes of no effect. Section 43 nevertheless preserves the validity of anything previously done under the rule before the annulment takes effect.
Section 43 and Section 41
Section 41 gives the Central Government the substantive power to make rules for carrying out the Armed Forces Tribunal Act. Section 43 then subjects those rules to parliamentary laying and scrutiny.
Section 43 and Section 42
Section 42 permits limited retrospective operation of rules made under Section 41, subject to the safeguards stated there. Rules made with retrospective effect remain rules made under the Act and are therefore subject to the Section 43 laying requirement.
Current AFT subordinate legislation
India Code and the Armed Forces Tribunal's official website continue to list rules made under the Act, 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 42 - Power to make rules retrospectively. The wider statutory structure is available on the Armed Forces Tribunal Act, 2007 page.
This page is an informational presentation of Section 43. For the legal status of a particular AFT rule, the rule notification, any amendment, the Section 43 parliamentary laying history and applicable judicial decisions should be examined together.