Jurisdiction, powers and authority in service matters
Section 14 of the Armed Forces Tribunal Act, 2007 deals with jurisdiction, powers and authority in service matters. Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under articles 226 and 227 The Act came into force on 15 Jun 2008.
(1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the Supreme Court or a High Court exercising jurisdiction under articles 226 and 227 of the Constitution) in relation to all service matters.
(2) Subject to the other provisions of this Act, a person aggrieved by an order pertaining to any service matter may make an application to the Tribunal in such form and accompanied by such documents or other evidence and on payment of such fee as may be prescribed.
(3) On receipt of an application relating to service matters, the Tribunal shall, if satisfied after due inquiry, as it may deem necessary, that it is fit for adjudication by it, admit such application; but where the Tribunal is not so satisfied, it may dismiss the application after recording its reasons in writing.
(4) For the purpose of adjudicating an application, the Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely--
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its decisions;
(g) dismissing an application for default or deciding it ex parte;
(h) setting aside any order of dismissal of any application for default or any order passed by it ex parte; and
(i) any other matter which may be prescribed by the Central Government.
(5) The Tribunal shall decide both questions of law and facts that may be raised before it.
Section 14, The Armed Forces Tribunal Act, 2007 (Act 55 of 2007).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Union Of India vs Parashotam Dass
Court's Decision & Legal Precedent
The power of judicial review vested in High Courts under Article 226 of the Constitution of India is an integral part of the basic structure. It cannot be ousted, circumscribed, or barred by statutory mechanisms or judicial interpretations, even in relation to decisions of tribunals constituted under laws relating to the Armed Forces.
On this section: Interpreted to assess whether the statutory appellate mechanism ousted or saved the constitutional writ jurisdiction of the High Courts.
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Union Of India vs Parashotam Dass
Court's Decision & Legal Precedent
The power of the High Court under Article 226 of the Constitution to exercise judicial review is not inhibited, and a complete bar on the exercise of such jurisdiction by the High Court to review decisions arising from the Armed Forces Tribunal cannot be sustained as it would violate the basic structure of the Constitution. While High Courts must exercise self-restraint and recognize the distinct nature of the Armed Forces Tribunal, they retain the power to grant appropriate relief if the Tribunal's proceedings result in denial of fundamental rights guaranteed under Part III of the Constitution or if the proceedings suffer from a jurisdictional error or any error of law apparent on the face of the record. The judgment in Union of India & Ors. v. Major General Shri Kant Sharma & Anr. does not lay down the correct law and is overruled.
On this section: Analyzed to show that it expressly saves the jurisdiction of High Court under Articles 226 and 227 of the Constitution. This provision explicitly recognizes that High Courts retain their writ jurisdiction despite the Tribunal being established to exercise jurisdiction in service matters.
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Union Of India vs Parashotam Dass
Court's Decision & Legal Precedent
The power of High Courts to exercise judicial review under Article 226 of the Constitution cannot be completely barred or excluded, even by statute establishing tribunals, as judicial review is part of the basic structure of the Constitution. High Courts retain jurisdiction to review orders of the Armed Forces Tribunal, and such review is available when proceedings result in denial of fundamental rights guaranteed under Part III of the Constitution or contain jurisdictional errors or errors of law apparent on the face of the record. However, High Courts must exercise this jurisdiction with appropriate self-restraint, confining review to examination of legality and constitutionality rather than re-appreciation of evidence or facts.
On this section: Saves jurisdiction of High Court under Articles 226 and 227, expressly preserving High Court writ jurisdiction
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… just and expedient that the High Court consider this writ petition since both the AFT as well as CAT are amenable to the jurisdiction of this Court in exercise of its power of judicial review. 5 4. Having considered the contentions advanced on either side and the interpretation placed on the Supreme Court on Section 14 of the Armed Forces Tribunal Act, 2007 as followed by various High Courts, we are of the opinion that the contention raised by the learned DSGI that the writ petitioner would have to approach the Armed Forces Tribunal, which is a specialised Tribunal specifically empowered to consider service disputes of Armed …
Made under this section, and citing it
4 instruments name this provision in its title or its text without being made under it.
Questions about Section 14
What have the courts held on Section 14 of the Armed Forces Tribunal Act?
Union Of India vs Parashotam Dass (21 Mar 2023) is the leading judgment on this section among those set out below: Interpreted to assess whether the statutory appellate mechanism ousted or saved the constitutional writ jurisdiction of the High Courts. Another 2 judgments on this section are set out below, all of them from the Supreme Court.
How do I find court cases under Section 14 of the Armed Forces Tribunal Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Armed Forces Tribunal Act 14, section 14 Armed Forces Tribunal Act, section 14 of the Armed Forces Tribunal Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Union Of India vs Parashotam Dass (21 Mar 2023).
What should I read with Section 14 of the Armed Forces Tribunal Act, and has it changed?
Its own text turns on Indian Evidence Act 123 (Evidence as to affairs of State), Indian Evidence Act 124 (Official communications), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. 4 instruments name it without being made under it, most recently Tribunal Reforms (2021), then AFT Practice Rules-2009 (2009).
When did Section 14 of the Armed Forces Tribunal Act come into force?
Section 14 of the Armed Forces Tribunal Act, cited as Armed Forces Tribunal Act 14, came into force on 15 Jun 2008, having been enacted on 25 Dec 2007. It is in force as at the date shown on this page.
Other sections of this Act
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. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.