Definitions
Section 3 of the Armed Forces Tribunal Act, 2007 deals with definitions. In this Act, unless the context otherwise requires,-- (a) "Administrative Member" means a member of the Tribunal who is not a Judicial Member within the meaning of clause (g); The Act came into force on 15 Jun 2008.
In this Act, unless the context otherwise requires,--
(a) "Administrative Member" means a member of the Tribunal who is not a Judicial Member within the meaning of clause (g);
(b) "application" means an application made under sub-section (2) of section 14;
(c) "appointed day" means the date with effect from which the Tribunal is established by notification under section 4;
(d) "Bench" means a Bench of the Tribunal;
(e) "Chairperson" means the Chairperson of the Tribunal;
(f) "court martial" means a court martial held under the Army Act, 1950 (46 of 1950) or the Navy Act, 1957 (62 of 1957) including the disciplinary courts constituted under the Act or the Air Force Act, 1950 (45 of 1950);
(g) "Judicial Member" means a member of the Tribunal appointed as such under this Act, and includes the Chairperson, who possesses any of the qualifications specified in sub-section (2) of section 6;
(h) "Member" means a member (whether Judicial or Administrative) of the Tribunal and includes the Chairperson;
(i) "military custody" means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody;
(j) "notification" means a notification published in the Official Gazette;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "President" means the President of India;
(m) "rules" means the rules made under this Act;
(n) "service" means the service within or outside India;
(o) "service matters", in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950), mean all matters relating to the conditions of their service and shall include--
(i) remuneration (including allowances), pension and other retirement benefits;
(ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions;
(iii) summary disposal and trials where the punishment of dismissal is awarded;
(iv) any other matter, whatsoever,
but shall not include matters relating to
(i) orders issued under section 18 of the Army Act, 1950 (46 of 1950), sub-section (1) of section 15 of the Navy Act, 1957 (62 of 1957) and section 18 of the Air Force Act, 1950 (45 of 1950); and
(ii) transfers and postings including the change of place or unit on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950);
(iii) leave of any kind;
(iv) summary court martial except where the punishment is of dismissal or imprisonment for more than three months;
(p) "summary disposals and trials' means summary disposals and trials held under the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950);
(q) "Tribunal" means the Armed Forces Tribunal established under section 4.
Section 3, 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.
This section refers to
- Air Force Act s. 18 Tenure of service under the Act
- s. 4 Establishment of Armed Forces Tribunal
- s. 6 Qualifications for appointment of Chairperson and other Members
- s. 14 Jurisdiction, powers and authority in service matters
- Army Act s. 18 Tenure of service under the Act
- Navy Act s. 15 Tenure of service of officers and sailors
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 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: Definition of 'service matters' analyzed. Covers remuneration, pension, tenure, commission, promotion, retirement, court-martial verdicts with certain exclusions like transfers, postings, leave, summary court-martial without dismissal or imprisonment exceeding 3 months.
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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: Defines 'service matters' and scope of Armed Forces Tribunal jurisdiction, including remuneration, pension, tenure, promotion, court-martial with dismissal
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.
Made under this section, and citing it
5 instruments name this provision in its title or its text without being made under it.
Questions about Section 3
What have the courts held on Section 3 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: Definition of 'service matters' analyzed. Covers remuneration, pension, tenure, commission, promotion, retirement, court-martial verdicts with certain exclusions like transfers, postings, leave, summary court-martial without dismissal or imprisonment exceeding 3 months. Another 1 judgment on this section is set out below, all of them from the Supreme Court.
How do I find court cases under Section 3 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 3, section 3 Armed Forces Tribunal Act, section 3 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. 2 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 3 of the Armed Forces Tribunal Act, and has it changed?
Its own text turns on Air Force Act 18 (Tenure of service under the Act), section 4 (Establishment of Armed Forces Tribunal), section 6 (Qualifications for appointment of Chairperson and other Members), section 14 (Jurisdiction, powers and authority in service matters), and on 2 further provisions, so none of them can safely be read on its own. 5 instruments name it without being made under it, most recently Tribunal Reforms (2021), then Exemption-from-UPSC-Rules (2011).
When did Section 3 of the Armed Forces Tribunal Act come into force?
Section 3 of the Armed Forces Tribunal Act, cited as Armed Forces Tribunal Act 3, 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
- 15. Jurisdiction, powers and authority in matters of appeal against court martial560 words
- 26. Condition as to making of interim order387 words
- 14. Jurisdiction, powers and authority in service matters338 words
- 41. Power of Central Government to make rules327 words
- 16. Re-trial311 words
- 22. Limitation238 words
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 17 Oct 2026. This page is not a substitute for legal advice.