Armed Forces Tribunal

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Context

• The Armed Forces Tribunal (AFT) Chandigarh Bench Bar Association has gone on indefinite strike in protest against the AFT chairperson’s decision to transfer a judicial member from the city to Kolkata.

Armed Forces Tribunal

About

• Armed Forces Tribunal is a military tribunal in India.

Establishment

• It was established under the Armed Forces Tribunal Act, 2007.

Origin

• In 1999, the Law Commission's 169th report stated that disciplinary and service matters required quick resolutions and proposed a special tribunal for the military forces (viz. The Indian Army, The Indian Navy & The Indian Air Force).

Act and Powers

• The Armed Forces Tribunal Act 2007, was passed by the Parliament and led to the formation of AFT with the power provided for the adjudication or trial by the Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolments, and conditions of service in respect of persons subject to the Army Act, 1950, The Navy Act, 1957 and the Air Force Act, 1950.
• It can further provide for appeals arising out of orders, findings, or sentences of courts-martial held under the said Acts and for matters connected therewith or incidental thereto.

Benches

• Besides the Principal Bench in New Delhi, AFT has Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur. With the exception of the Chandigarh and Lucknow Regional Benches, which have three benches each, all other locations have a single bench.

Composition

• Each Bench comprises a Judicial Member and an Administrative Member.

Eligibility

• The Judicial Members are retired High Court Judges and Administrative Members are retired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more, Judge Advocate General (JAG), who have held the appointment for at least one year are also entitled to be appointed as the Administrative Member.

General Rules

• The Tribunal shall transact their proceedings as per the Armed Forces Tribunal (Procedure) rules, 2008.
• All proceedings in the Tribunal will be in English.
• The Tribunal will normally follow the procedure as is practiced in the High Courts of India.
• The dress as mandated for the officials of the Tribunal including bar will be white shirt, collar band and a black coat/ jacket.

PRACTICE QUESTION Q. Consider the following statements with reference to Armed Forces Tribunal: 1.Each Bench of the Armed Forces Tribunal comprises a Judicial Member and an Administrative Member. 2.The Judicial Members are retired Supreme Court Judges and Administrative Members are retired Members of the Armed Forces. 3.The Tribunal normally follows the procedure as is practiced in the High Courts of India. How many of the above statements are correct? A) Only 1 B) Only 2 C) All 3 D) None Answer: B) Only 2