Description

Disclaimer: Copyright infringement not intended.

Context:

The Supreme Court on Monday suggested constituting Benches of the Armed Forces Tribunal (AFT) in Jammu and Kashmir and Himachal Pradesh to deal with the growing pendency in defence-related cases from these two areas.

About the Armed Forces Tribunal

The AFT is a military court in India established under the Armed Forces Act, 2007.
It functions under the Ministry of Defense (MoD).
It is responsible for resolving military disputes, including service matters and appeals against decisions of courts-martial.

Function	Details
Adjudication of Disputes	Resolves disputes and complaints related to commission, appointment, enlistment, and service conditions under the Army Act (1950), Navy Act (1957), and Air Force Act (1950).
Appeals from Courts-Martial	Hears appeals arising from orders, findings, or judgments of courts-martial under the mentioned acts.
Dismissal of Appeals	The tribunal may dismiss an appeal if it finds the court-martial's findings justified.
Matters Connected or Incidental	Deals with matters related or incidental to the issues arising from the military acts and the appeals.

Thus, the tribunal has original jurisdiction in service matters and appellate jurisdiction in court-martial matters. Any appeal by a person against a decision made by a tribunal can only be heard in the Supreme Court.

Benches

Apart from the main bench in New Delhi, AFT has regional benches in Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur.

Composition

Each court consists of a judicial and an administrative member.
Judicial Members are retired High Court Judges and Administrative Members are retired members of the Armed Forces with the rank of Major General/equivalent or above for a period of three years or more.
The Advocate General (JAG) who has been appointed for a period of at least one year is also entitled to be appointed as an administrative member.

Function

The Tribunal will act in accordance with the Armed Forces Tribunal (Rules of Procedure) 2008. All proceedings at the tribunal will be in English. The Tribunal will normally follow the procedure used in the High Courts of India.

Source:

THE HINDU

PRACTICE QUESTION

Q.With reference to Armed Forces Tribunal, consider the following statements:

It was established under the Armed Forces Tribunal Act, 2007.
The AFT has both appellate and original jurisdiction over matters related to the armed forces.
The Chairman of the AFT is appointed by the President of India, and its members include both judicial and administrative personnel.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1 and 3 only

(d) 1, 2, and 3

Answer: d

Explanation:

Statement 1 is correct: The Armed Forces Tribunal (AFT) was established under the Armed Forces Tribunal Act, 2007.

Statement 2 is correct: The AFT has both appellate and original jurisdiction over matters related to the armed forces.

Statement 3 is correct: The Chairman of the AFT is appointed by the President of India, and the members include both judicial and administrative personnel.

The tribunal adjudicates disputes and complaints related to:

Commission, appointments, enrolment, and service conditions under the Army Act, 1950, Navy Act, 1957, and Air Force Act, 1950.

Appeals arising from orders, findings, or sentences of courts-martial under the said Acts.

The tribunal also handles matters connected or incidental to these disputes.

It has the authority to dismiss appeals if the findings of the court-martial are deemed justified.

Principal , Regional and Circuit benches: These different types of benches help the Armed Forces Tribunal efficiently manage cases.