The Armed Forces Tribunal Act, 2007
Administered Ministry: Ministry of Defence / Department of Defence
Act details
| Short title | The Armed Forces Tribunal Act, 2007 |
|---|---|
| Long title | 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. |
| Act number | 55 of 2007 |
| Act year | 2007 |
| Enactment date | 25 Dec 2007 |
| Ministry | Ministry of Defence / Department of Defence |
| Department | Department of Defence |
| Jurisdiction | Central (Parliament of India) |
| Sections | 44 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Summary
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.
Legislative history
Legislative History:
The Armed Forces Tribunal Act, 2007
Short Title The Armed Forces Tribunal Act, 2007
Act Number / Year Act No. 55 of 2007
Act ID (India Code) 200755
Presidential Assent Date December 25, 2007
Enforcement Date June 15, 2008
Nodal Ministry Ministry of Defence
Precedent & Statutory Rationale
1. Backlog of Service Litigations and Judicial Recommendations:
o Prior to 2007, a large volume of service disputes and appeals arising from court-martial verdicts concerning personnel of the Indian Army, Navy, and Air Force remained pending in regular civil courts and High Courts for extended periods.
o Dating back to 1982, the Supreme Court of India urged the Central Government to establish specialized judicial mechanisms to ensure accessible review for military personnel, a recommendation reinforced by the Parliamentary Estimates Committee in 1992.
2. Dedicated, Timely, and Cost-Effective Dispute Resolution:
o The legislation was enacted to create an independent, expert statutory tribunal capable of handling military service matters and court-martial appeals with greater speed, specialized expertise, and confidentiality than traditional civilian judicial forums.
Parliamentary Trajectory & Enactment
• Formulation: Prepared and piloted by the Ministry of Defence to institute a dedicated military justice and grievance redressal tier.
• Parliamentary Passage: Introduced in the Rajya Sabha (Bill No. CXXIX of 2005) in December 2005, reviewed by the Standing Committee on Defence, and subsequently passed by both Houses of Parliament in December 2007.
• Presidential Assent: Received formal Presidential Assent on December 25, 2007, entering the statute book as Act No. 55 of 2007.
• Enforcement: Brought into active operational force on June 15, 2008.
• Source: India Code and Ministry of Defence Official Records