The Armed Forces Tribunal Act, 2007
An Act to provide for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act 1950 and also to provide for appeals arising out of orders, findings or sentences of court martial held under the said Acts and for matters connected therewith or incidental thereto.
Administered by. Ministry of Defence, Department of Defence · Other Acts of 2007
Preamble
THE ARMED FORCES TRIBUNAL ACT, 2007
ACT NO. 55 OF 2007
[25th December, 2007.] An Act to provide for the adjudication or trial by Armed Forces Tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950 and also to provide for appeals arising out of orders, findings or sentences of court martial held under the said Acts and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:--
What this Act covers
Summary of the Armed Forces Tribunal Act, 2007
Key Provisions
1. Establishment & Composition
• Established by the Central Government.
• Comprises a Chairperson, Judicial Members, and Administrative Members.
• Normally constitutes a bench of one Judicial and one Administrative Member.
2. Appointment & Qualifications
• Chairperson: Retired Supreme Court Judge or Chief Justice of a High Court.
• Judicial Member: Serving or retired High Court Judge.
• Administrative Member: Major General or equivalent with specified service experience.
• Appointment Authority: The President, after consulting the Chief Justice of India.
3. Tenure & Conditions
• Term: 4 years, with potential for re-appointment.
• Age Limits:
• Chairperson (ex-SC Judge): Up to 70 years.
• Chairperson (ex-HC Chief Justice): Up to 65 years.
• Members: Up to 65 years.
• Remuneration & Terms: Defined by the Central Government, non-diminishing post-appointment.
4. Jurisdiction & Powers
• Service Matters: Includes remuneration, tenure, promotions, but excludes transfers and leave.
• Court Martial Appeals: Authority to quash, confirm, or modify sentences, and order retrials.
5. Procedure & Exclusions
• Precedent Requirement: Exhaustion of internal remedies before appeal.
• Procedure: Detailed rules for hearings, evidence, and decision-making.
• Jurisdiction Exclusion: Civil courts (except the Supreme Court) are barred.
• Good Faith Protection: For actions taken under the Act.
Sections
Type to filter. 44 sections.
- 1Short title and commencement
- 2Applicability of the Act
- 3Definitions
- 4Establishment of Armed Forces Tribunal
- 5Composition of Tribunal and Benches thereof
- 6Qualifications for appointment of Chairperson and other Members
- 7Appointment of Chairperson and other Members
- 8Term of office
- 9Resignation and removal
- 9AQualifications, terms and conditions of service of Chairperson and Member
- 10Salaries, allowances and other terms and conditions of service of Chairperson and other Members
- 11Prohibitions as to holding of offices, etc., by Chairperson or Member on ceasing to be such Chairperson or Member
- 12Financial and administrative powers of Chairperson
- 13Staff of the Tribunal
- 14Jurisdiction, powers and authority in service matters
- 15Jurisdiction, powers and authority in matters of appeal against court martial
- 16Re-trial
- 17Powers of the Tribunal on appeal under section 15
- 18Cost
- 19Power to punish for contempt
- 20Distribution of business among the Benches
- 21Application not to be admitted unless other remedies exhausted
- 22Limitation
- 23Procedure and powers of the Tribunal
- 24Term of sentence and its effect on appeal
- 25Right of applicant or of appellant to take assistance of a legal practitioner and of Government, etc., to appoint counsel
- 26Condition as to making of interim order
- 27Power of Chairperson to transfer cases from one Bench to another
- 28Decision to be by majority
- 29Execution of order of Tribunal
- 30Appeal to Supreme Court
- 31Leave to appeal
- 32Condonation
- 33Exclusion of jurisdiction of civil courts
- 34Transfer of pending cases
- 35Provision for filing of certain appeals
- 36Proceedings before Tribunal to be judicial proceedings
- 37Members and staff of Tribunal to be public servants
- 38Protection of action taken in good faith
- 39Act to have overriding effect
- 40Power to remove difficulties
- 41Power of Central Government to make rules
- 42Power to make rules retrospectively
- 43Laying of rules
Rules made under this Act
30 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.
- Tribunal Reforms2021
- AFT-Accounts-Cadre-Posts-Rules-20192019
- Amendment-Accounts Cadre-RRs2019
- AFT-Group-A RRs2018
- AFT-Group-B RRs2018
- Jurisdiction of Jabalpur2017
- Jurisdiction of Srinagar2017
- AFT-Jabalpur2016
- AFT-Srinagar (Jammu)2016
- AFT-Chennai2015
- Jurisdiction for Telangana2015
- AFT-Group-C-Posts-Rules-20132013
- AFT Amendment Procedure Rules 20112011
- AFT-Mumbai2011
- Exemption-from-UPSC-Rules2011
- AFT-Guwahati2010
- AFT Practice Rules-20092009
- AFT Salary Rules 20092009
- AFT-Chandigarh2009
- AFT-Estt-Day2009
- AFT-Jaipur2009
- AFT-Kochi2009
- AFT-Kolkata2009
- AFT-Lucknow2009
- Appointed day AFT-Notification2009
- AFT Procedure & Investigation Rules 20082008
- AFT-Procedure-Rules-20082008
- Armed Forces Tribunal Act (Financial & Administrative Powers) Rules 20082008
- Armed Forces Tribunal Act (Removal of Difficulties) Order 20082008
- AFT-Act20072007
Related Acts
- The Cantonments Act, 2006360 sections
- The Inter-Services Organisations (Command, Control and Discipline) Act, 202315 sections
- The Coast Guard Act, 1978124 sections
- The Naval and Aircraft Prize Act, 197120 sections
- The Navy Act, 1957194 sections
- The Cantonments (Extension of Rent Control Laws) Act, 19574 sections
- The Lok Sahayak Sena Act, 195611 sections
- The Shillong (Rifle Range and Umlong) Cantonments Assimilation of Laws Act, 19544 sections
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 44 sections of this Act has its own page. This page is not a substitute for legal advice.