Armed Forces Tribunal
What are Armed forces tribunals?
Armed Forces Tribunals are Tribunals that decide matters involving the armed forces, also known as military forces. In the Republic of India, the armed forces are categorized into three uniformed services, namely the Army, Navy, and Air Force.
The Armed Forces Tribunal is established under the Armed Forces Tribunal Act, 2007, as per the recommendations in the 167th Law Commission Report of 1999.[1]
It falls under the Ministry of Defence as the nodal ministry, in its role in the tribunal, is responsible for providing administrative support, infrastructure, and other resources necessary for the smooth functioning of the tribunal. These include appointing members and staff, maintaining records, and ensuring that the decisions are implemented.
The Tribunal has original jurisdiction over all the ‘service matters’ related to the armed forces personnel as defined in the Act including (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.
The laws of the armed forces are governed by separate statutes, the Army Act of 1950 for the army, the Air Force Act of 1950 for the air force, the Navy Act of 1957 for the Navy, and the Coast Guard Act of 1978 for the Coast Guard, which came later as a need was felt for a specialized branch apart from the Navy.
Regardless of any other provisions of the Armed Forces Tribunal Act of 2007, the Tribunal shall be assumed to be a criminal court for applicable sections of the Indian Penal Code and Chapter XXVI of the Code of Criminal Procedure, 1973, and shall have all the jurisdiction and powers of a criminal court and against the orders of the Armed Forces Tribunal, the matters of appeal shall lie to the Supreme Court and subject to such appeal, if any order is passed therein, the decision of the tribunal shall be final and binding.
Historical Evolution
Before the constitution of the Armed Forces Tribunal, although the Supreme Court had decided upon several cases involving court martial orders, in such one case of Prithi Pal Singh Bedi’s[2] the court was able to observe the lacuna in the county where the counterpart civilian could prefer appeal after appeal to the hierarchy of the court, which is also a basic constitutional right that was not available to the armed personnel when a judgment was adjudicated by a court-martial. However, a controversy arose regarding whether it was violative of the Constitutional right or not since the power of the Court-martial is provided by a statute.[3] The Armed Forces law needed to be scrutinized to align with the constitutional mandate which obligates the courts to protect and safeguard the constitutional rights of all citizens including the person involved in the armed forces when the parliament and the central government were not taking effective steps. It was high time to allay the apprehension of all of the concerned that the system of trial by the Court-martial was not the archetype of summary and arbitrary proceedings.[4]
In lieu of this, the Law Commission of India[5] had taken up suo moto reviewing the existing laws of armed forces. It recommended amendments to adopt an Appellate Tribunal taking the basis of observations made in Lt. Col. Prithi Pal Singh case[6]. Also in 1983, the service headquarters were asked to examine the need for an appellant forum of the court martial order and findings that remained dormant, and for almost two decades the government remained ignorant.
In 2003 The Standing Committee on Defence through the presentation of its 20th Report[7] recommended to the Lok Sabha on 19th August that a special court of appeal, on the lines of those in France, Germany, Russia, Sweden, and the UK, be constituted for the redressal of the grievances of service personnel. The need was previously emphasized by the Law Commission in its 169th report. Finally, on September 29, 2005, the cabinet approved the proposal from the Ministry of Defence for setting up an Armed Forces Tribunal for adjudicating service matters and appeals against the verdicts of courts-martial.
The bill was introduced on 20th December 2005, and after the committee analyzed the bill extensively, it submitted its tenth report on the Armed Forces Tribunal Bill, 2005 which was introduced in the Lok Sabha and laid in the Rajya Sabha[8] on May 23, 2006.
Finally, on 25th December 2007, the bill came into force with the assent of the then-president, Srimati Pratibha Patil, setting up the country’s first redressal forum to adjudicate exclusive matters of armed forces.
Legislative Framework
The Armed Forces Tribunal was established under the Armed Forces Tribunal Act of 2007.
Provided, under section 4 of the Act, that the Central Government shall, by notification, establish a Tribunal to be known as the Armed Forces Tribunal to exercise the jurisdiction, powers, and authority conferred on it by or under this Act.
These are a few of the rules that were introduced or subsequently underwent amendments over time before and after the establishment of the Armed Forces Tribunal.
1. The Armed Forces Tribunal Act - 2007
2. The Armed Forces Tribunal (Practice) Rules - 2009
3. The Armed Forces Tribunal (Procedure) Rules - 2008
Enabling Act: Clauses (f), (g), and (k) of sub-section 2 of Section 41 of Armed Forces Tribunal Act, 2007.
This document lays down the procedural rules to ensure a fair trial where none of the rights of the accused are compromised nor are they unjustifiably favoured during the adjudicating matters falling under the Armed Forces Tribunal Act, 2007 like the Code of Criminal Procedure, 1973 for criminal matters laying down the procedure for achieving the ends of justice when someone commits an offense falling under the Indian Penal Code, 1860.
4. The Armed Forces Tribunal (Procedure) Amendment Rules - 2011
Enabling Act: Clauses (f), (g), and (k) of sub-section 2 of Section 41 of Armed Forces Tribunal Act, 2007.
This document lays down the procedural rules to ensure a fair trial where none of the rights of the accused are compromised nor are they unjustifiably favoured during the adjudicating matters falling under the Armed Forces Tribunal Act, 2007 like the Code of Criminal Procedure, 1973 for criminal matters laying down the procedure for achieving the ends of justice when someone commits an offense falling under the Indian Penal Code, 1860.
5. The Armed Forces Tribunal Act - RR GP C ( Notification 10th June 2013)
Enabling Act: Sections 13 and 41(2)(e) of Armed Forces Tribunal Act, 2007.
This document outlines the "Armed Forces Tribunal (Group-c posts) Recruitment Rules, 2018" issued by the Ministry of Defence in India. The purpose of these rules is to regulate the recruitment process for Group 'A' posts in the Armed Forces Tribunal.
6. The Armed Forces Tribunal Act - RR GP A & B (Notification 23rd April 2018)
Enabling Act: Sections 13 and 41(2)(e) of Armed Forces Tribunal Act, 2007.
This document outlines the "Armed Forces Tribunal (Group-A posts) Recruitment Rules, 2018" issued by the Ministry of Defence in India. The purpose of these rules is to regulate the recruitment process for Group 'A' posts in the Armed Forces Tribunal.
7. The Armed Forces Tribunal Act - RR (Notification 12th June 2019)
Enabling Act: Sections 13 and 41(2)(e) of Armed Forces Tribunal Act, 2007.
This document outlines the "Armed Forces Tribunal (Account Cadre Posts) Recruitment Rules, 2019" issued by the Ministry of Defence in India. The purpose of these rules is to regulate the recruitment process for various posts, including Financial Advisor, Chief Accounts Officer, Deputy Controller of Accounts, Accounts Officer, Junior Accounts Officer, and Junior Accountant in the Armed Forces Tribunal.
Further, The provisions relating to members of tribunals as to Appointment, selection, Qualification, Reappointment, Tenure, Vacancy, Salaries/Allowances/ Removal of the tribunal have been laid down under sections 5 to 11 of the Act -
Composition of the Bench (Section 5)
The Tribunal and the Benched shall consist of a Chairperson, one Judicial Member, and one Administrative Member. Provided that every Bench constituted in pursuance of the Act shall include at least one Judicial Member and one Administrative Member.
- Chairperson: The tribunal is typically headed by a Chairperson, who is or has been a Judge of the Supreme Court of India. The Chairperson plays a crucial role in overseeing the functioning of the tribunal and ensuring the proper administration of justice.
- Judicial Members: The AFT includes judicial members, who are appointed based on their legal expertise and experience. These members often have a background in the judiciary and contribute to the adjudication of cases brought before the tribunal.
- Administrative Members: Administrative members, with experience in military or administrative services, may also be part of the tribunal. They provide insight into the unique aspects of service matters and contribute to a comprehensive understanding of the cases.
Appointment (Section 7)
The Chairperson and members of the Armed Forces Tribunal are appointed by the President of India. The appointments are made based on the recommendations of a selection committee, which may include the Chief Justice of India or a Supreme Court Judge nominated by the Chief Justice of India, the Minister of Defense, and other experts.
| The Ministry of Law and Justice, Department of Legal Affairs, posts the orders given by the president regarding the empanelment of members and the upgradation of such matters in the Armed Forces Tribunals. |
Tenure and Reappointment (Section 8)
The Act further states that the chairperson and members are appointed for a time of four years and once a person is appointed he is not debarred for reappointment and remains eligible for being reappointed. However, the Act states that no Chairperson shall hold office as such after he has attained,
- In case he has been a Judge of the Supreme Court, the age of seventy years
- In case he has been the Chief Justice of the High Court, the age of Sixty- Five years
Qualifications (Section 6)
- The chairperson must be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court.
- A Judicial Member must be a Judge of a High Court.
- Administrative Member must have held the rank of Major General or above for a total period of at least three years in the Army or equivalent rank in the Navy or the Air Force; and he has served for not less than one year as Judge Advocate General in the Army or the Navy or the Air Force, and is not below the rank of Major General, Commodore and Air Commodore respectively.
Explanation.--When a serving person is appointed as an Administrative Member, he shall have retired from service before assuming such appointment.
Powers of a Chairperson
The Chairperson (a) may, in addition to discharging the functions of a Judicial Member of the Bench to which he is appointed, discharge the functions of an Administrative Member of any other Bench; (b) may transfer a Member from one Bench to another Bench; (c) may, to secure that any case or cases, which having regard to the nature of the questions involved, require or require, in his opinion, or under the rules made under this Act, to be decided by a Bench composed of more than two members, issue such general or special orders, as he may deem fit.
Financial and Administrative Powers of the Chairperson ( Section 12)
The Chairperson is vested with financial and administrative powers concerning the Benches, as per the regulations. However, the Chairperson retains the authority to delegate specific financial and administrative powers to any other Member or officer of the Tribunal. It is a prerequisite that the Member or officer, when exercising such delegated powers, must operate under the direction, control, and supervision of the Chairperson.
For more refer to Armed Forces Tribunal Act (Financial & Administrative Powers) Rules 2008
Resignation or Removal or Vacancy (Section 9)
1. The Chairperson or a Member may,
- by notice in writing under his hand addressed to the President, resign his office, provided that the Chairperson or a Member shall, not leave his or her office until the President assents to relinquish his office sooner
- and hence continue to hold office until the expiry of three months from the date of receipt of such notice
- or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
2. The Chairperson or a Member shall not be removed from his office except by an order made by the President on the ground of proven misbehavior or incapacity after an inquiry made by a sitting Judge of the Supreme Court in which such Chairperson or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
Salary/ allowance (Section 10)
The Tribunals Reforms Act, 2021, governs the salary and allowance of the Chairperson and members. (Provided that the Chairperson and Member appointed before the commencement of Part XIV of Chapter VI of the Finance Act, 2017, shall continue to be governed by the provisions of this Act, and the rules made thereunder as if the provisions of Section 184 of the Finance Act, 2017 had not come into force.)
Refer for further information- AFT Salary Rules 2009
Distribution- Benches and their jurisdiction
The Territorial jurisdiction of the Regional Benches shall flow from the administrative orders issued by the Government of India from time to time. The operation of the Tribunal was notified by the Press Information Bureau Government of India, Ministry of Defence. At present the States and Bench-wise territorial jurisdiction is under, 1 Principal Bench and 10 regional benches as follows:-
| Serial no. | Bench | States |
| 1. | Principal bench | New Delhi |
| 2. | Chandigarh Bench | Punjab, Haryana, Himachal Pradesh and U.T of Chandigarh |
| 3. | Lucknow Bench | Uttar Pradesh, Uttarakhand. |
| 4. | Kolkata Bench | West Bengal, Bihar, Jharkhand, Orissa and U.T. of Andaman and Nicobar Islands |
| 5. | Guwahati Bench | North Eastern Region |
| 6. | Mumbai Bench | Maharashtra and Gujarat |
| 7. | Kochi Bench | Kerala, Karnataka, and Lakshadweep |
| 8 | Chennai Bench | Tamil Nadu, Andhra Pradesh, and U.T of Pondicherry. |
| 9. | Jaipur Bench | Rajasthan |
| 10. | Jabalpur Bench | Madhya Pradesh and Chhattisgarh |
| 11. | Jammu Bench | Jammu & Kashmir |
The Tribunal shall exercise all the jurisdiction, powers, and authority exercisable under this Act concerning an appeal against any order, decision, finding, or sentence passed by a court martial or any matter connected therewith or incidental thereto.
Any person aggrieved by an order, decision, finding, or sentence passed by a court-martial may prefer an appeal in such form, manner, and within such time as may be prescribed.
The Tribunal shall have the power to grant bail to any person accused of an offense and in military custody, with or without any conditions which it considers necessary:
The Tribunal shall allow an appeal against conviction by a court martial where the finding of the court martial is legally not sustainable due to any reason whatsoever, or the finding involves a wrong decision on a question of law, or there was a material irregularity in the course of the trial resulting in miscarriage of justice, but, in any other case, may dismiss the appeal where the Tribunal considers that no miscarriage of justice is likely to be caused or has resulted to the appellant. The Tribunal may allow an appeal against conviction, and pass appropriate order thereon.
The Tribunal may have the powers to substitute for the findings of the court-martial, a finding of guilty for any other offense for which the offender could have been lawfully found guilty by the court martial and pass a sentence afresh for the offense specified or involved in such findings or if the sentence is found to be excessive, illegal or unjust, the Tribunal may (i) remit the whole or any part of the sentence, with or without conditions; (ii) mitigate the punishment awarded (iii) commute such punishment to any lesser punishment or enhance the sentence awarded by a court-martial:
The Tribunal may release the appellant, if sentenced to imprisonment, on parole with or without conditions; suspend a sentence of imprisonment; Or pass any other order as it may think appropriate.
Vacancies
The tribunal has published job openings for various positions, encompassing both administrative and judicial members, on its official website. However, it should be noted that, currently, the website only provides details about members affiliated with the Principal Bench and the Chandigarh Bench.
Digitization status
The statistics for the disposal rate of the cases on the Armed Forces Tribunal’s website is not updated as of 2023.
BENCH WISE CAUSE LIST
It is essential to acknowledge that the examples given here are not exhaustive and may change over time due to new developments.
The cause list that is prepared for the allotment of day-wise cases is prepared a little differently from the traditional cause list (like that of High courts, district courts, and supreme courts), it has additional headings under which the nature of the case, in the Armed forces Tribunal, that are listed can be determined.
Terms and short forms that you might need to get familiar with in order to read the cause lists:
| ABBREVIATIONS | TERMS AND MEANINGS |
| OA
(like OA 2330/2023) |
Original Application - basically is a fresh matter that is filed by the aggrieved |
MA
|
Miscellaneous Application - filed to initiate proceeding seeking a specific relief except as an appeal
|
| RAs | REVIEW APPLICATIONS - A review application refers to a request to generally have a higher court (Principal Bench, High Court or Supreme court) review a decision made by a lower court (Regional Benches) (but can be in the same court also, eg. RA 37/2023 WITH MA 3759/2023). |
| PLEADINGS NOT COMPLETE - "pleadings" refer to the formal written documents submitted by parties involved in a legal dispute. These documents outline the claims, defenses, and legal arguments of each party.
Now, under this heading cases which have these requirements of documents to be completed are listed here. Eg. MA 4641/2023 | |
| FOR FINAL HEARING - A final hearing typically results in a judgment or decision, and an official order is issued. After this, the case might go back to a lower court, be appealed to a higher court, or it could mark the conclusion of the entire case.
Eg. OA 546/2018 |
PRINCIPAL BENCH - DELHI
| The Bar Association of the Armed Forces Tribunal (principal Bench) is constituted and Registered under the Societies Registration Act, of 1860. |
The E-cause list of the concerned principal bench Tribunal or the Regional bench tribunals is updated on its website.
The Cause-list of the Principal Bench is notable for its thorough categorization, wherein cases are prioritized based on their significance. Matters are systematically arranged, with a clear distinction between those that require immediate attention, such as the pronouncement of judgment in a specific case, and others that can be addressed subsequently.
Another noteworthy characteristic of the cause list is that it also provides a separate heading for the matters that are listed for Rehearing.
REGIONAL BENCH CHANDIGARH
The website for the cause list of Chandigarh is directed through the main website for the Armed Forces Tribunal - provided by the principal Bench.
Another specialty can be made out from the cause list of Regional Bench Chandigarh contains cases separated for Reply, Covered Matters matters for Hearing/Direction, and MA (E)- Hearing/Direction matters.
REGIONAL BENCH CHENNAI
The Chennai Armed Forces Tribunal has its website, also the website for the cause list of Chennai Bench can be directed through the main website for the Armed Forces Tribunal - provided by the principal Bench.
REGIONAL BENCH GUWAHATI
The Chennai Armed Forces Tribunal has its website, also the website for the cause list of Guwahati can be directed through the main website for the Armed Forces Tribunal - provided by the Principal Bench.
The cause list systematically outlines scheduled hearings, indicating which days will take place via video conferencing and which days it will be in physical presence. It also has a “case wing.” along with the “nature of the cases.”
The cause list is prepared for the virtual hearing day separately.
REGIONAL BENCH KOCHI
The Kochi Bench does not have its website hence the website for the cause list of Kochi is directed through the main website for the Armed Forces Tribunal - provided by the principal Bench.
REGIONAL BENCH JABALPUR
The Jabalpur Bench does not have its website hence the website for the cause list of Jabalpur is directed through the main website for the Armed Forces Tribunal - provided by the principal Bench.
The distinct feature of the cause list is that the cause list is prepared separately when the hearing is to be taken up on a video conference.
REGIONAL BENCH MUMBAI
The Mumbai Bench does not have its website hence the website for the cause list of Mumbai Bench is directed through the main website for the Armed Forces Tribunal - provided by the principal Bench.
REGIONAL BENCH LUCKNOW
The Lucknow Armed Forces Tribunal has its website, also the website for the cause list of Lucknow Bench can be directed through the main website for the Armed Forces Tribunal - provided by the principal Bench.
The distinct feature of the cause list is the heading of “case wing.”
REGIONAL BENCH JAIPUR
The Jaipur Armed Forces Tribunal has its own website.
The cause list is not found, and the website is in maintenance for now.
The website is both comprehensive and user-friendly, allowing for the easy extraction of information. Within each section, the cause list offers a search functionality based on various criteria such as date, case type/number, applicant's name, respondent's name, advocate, or purpose.
REGIONAL BENCH KOLKATA
The Kolkata Armed Forces Tribunal has its website, also the website for the cause list of Lucknow can be directed through the main website for the Armed Forces Tribunal - provided by the principal Bench.
While reading the cause list it is important to look into its distinct features, the cause list under the heading of “tentative synopsis” provides both the subject matter of the case and the status of the case.
REGIONAL BENCH SRINAGAR
The Jabalpur Bench does not have its website hence the website for the cause list of Srinagar Bench is directed through the main website for the Armed Forces Tribunal - provided by the principal Bench.
The distinct feature of the cause list is that it provides the subject of the matter that is to be adjudicated under the heading of “ nature of the case.”
VIDEO CONFERENCING
The Chairperson of the Armed Forces Tribunal (AFT), Justice Rajendra Menon, inaugurated video conferencing hearings for all ten Regional Benches of the AFT. While the Principal Bench has been conducting physical hearings since June 8, 2020, the decision to introduce virtual hearings for Regional Benches aims to address the challenges faced by Armed Forces personnel, considering their dispersed locations and security issues. The introduction of virtual hearings is a significant relief for Armed Forces personnel awaiting justice at Regional Benches. This initiative aims to streamline the judicial process and facilitate access to justice for Armed Forces personnel across the country.
There is no separate provided link on the official website for video conferencing. But as we have seen in the above examples some benches have included the video conference Link in the causelist for that day or some have also preferred to make a separate clause list for the virtual days having it titled as “ virtual cause list.”
Issues and Challenges With The Working of The Armed Forces Tribunal
- Shortage of Members: The AFT, both at the Principal Bench in Delhi and several Regional Benches, is reportedly operating at a significantly reduced capacity (25-30%) due to a shortage of members. Against the sanctioned strength of 34 members, only 11 are currently occupied. According to the Ministry of Defence’s data, only four judicial members and six administrative members hold posts across the Tribunal’s 11 benches that make up a total of 17 courts. Three benches have three courts each while the remaining have one court each. The data also shows that with the present strength, only three benches at New Delhi, Chandigarh, and Lucknow have judicial members posted on their strength. Out of three courts each, only two at Delhi and one each at Chandigarh and Lucknow are functional. In September 2020, the central government appointed one judicial member and five administrative members to the AFT. The rules governing the appointment of members, which were modified by the government in 2017, were challenged before the Supreme Court, which struck them down in 2019. New Rules framed in 2020 were also challenged in the Apex Court, which passed directions on the issue in November 2020. The AFT has 17 posts of judicial members, who should have earlier served as a judge of the High Court, and an equal number of administrative members who are senior retired armed forces officers.
- Case Backlog: The AFT is grappling with a significant backlog of cases, with almost 19,000 cases awaiting final adjudication. Some of these cases have been pending since the establishment of the tribunal 11 years ago. The Ministry’s data also shows that till February 28, 2021, a total of 18,829 cases were pending for disposal before its 11 benches. The highest pendency is before the Principal Bench at Delhi with 5,553 cases, followed by the Chandigarh Bench with 4,512 cases and the Jaipur Bench with 3,154 cases. Guwahati and Jabalpur benches have the lowest pendency with 104 and 347 cases, respectively.
- Retirements and Extensions: There are indications of upcoming retirements within the next six to eight months. If the government fails to grant extensions to retiring members and delays appointments, the functioning of the AFT may be further compromised.
- Legal Challenges: The functioning of the AFT has faced legal challenges, including a petition accepted by the Punjab and Haryana High Court in 2012, suggesting that the tribunal should operate under the Ministry of Law instead of the Ministry of Defence.
- Altered Rules for Appointments: Changes in rules for the appointment of members, especially Administrative Members, have been introduced, allowing individuals from outside the Armed Forces to apply, also giving more powers to the Defence Secretary who would now have a role in ordering inquiries against members of the tribunal and their removal. This has raised concerns about the impact on the tribunal's functioning. This is also highlighted by The Indian Express[9] in its Article.
- Independence and Conflict of Interest: The petition[10] challenging the operation under the Ministry of Defence argued a conflict of interest since the Ministry is often a party in cases before the tribunal.
- Appeal Process: The AFT serves as a forum of first and last resort, with appeals lying only to the Supreme Court. Some argue that an additional tier of appeals would defeat the purpose of speedy justice, while others feel it limits options for appellants. But, there has been a new landmark judgment[11] that has restored the power of the High Court to take up Appeals and overturns the law that barred the same.
The most recent event of the Military Justice panel concluded on 23rd Commonwealth Law Conference 2023 at Goa addressed by Major Navdeep Singh brings us more insights into the Concerns, obstacles, and constraints, published under the titles of “Military Justice Reform - Developments and Challenges” by Bar and Bench[12] which can be summarized as that the Indian military justice system grapples with both institutional and attitudinal shortcomings. Notably, the absence of prosecutorial independence stands out, lacking an independent prosecutorial authority or Director of Prosecution. The entire military justice apparatus operates under the command and control of interested parties in prosecutions, resulting in a conflict of interest and perceived or actual command influence. Ambiguities persist regarding the separation of powers and conflict of interest, further, the military laws borrowed from British jurisdiction, while not draconian, are outdated. Although the appointment of the Chief of Defence Staff aimed at fostering jointness among the Armed Forces, there is a pressing need for concerted efforts to establish a common military justice code for all defense services.
Key concerns encompass the lack of legally qualified military judges, the absence of standing/permanent courts or infrastructure, and resistance (often unintentional) to change, with a propensity for maintaining the status quo. Procedural changes have primarily been prompted by Constitutional Court interventions rather than internal reflection. Proposed reforms include establishing an independent prosecutorial agency, ensuring legally qualified military judges, creating permanent infrastructure for court martial proceedings, and eliminating command influence from the military justice system. It is crucial to instill in military personnel an understanding of concepts such as judicial independence and separation of powers.
Also looking at this on a global level, the principles of competence, independence, and impartiality hold significant weight in military justice, as outlined in Article 14 of the International Covenant on Civil and Political Rights (ICCPR). The Decaux Principles, presented in a 2006 UN report, offer guidance in the military justice field, and the Yale Draft (Principles) updated in 2018 refines these principles based on global legal developments. Decisions by the Supreme Court of Canada in Généreux (1992) and the European Court of Human Rights in Findlay (1997) are viewed as pivotal developments, particularly for democracies worldwide.
Some of the other research that has engaged with the Armed Forces Tribunals
- The Annual Report of the Ministry of Defense of 2008-2009 provided for the establishment of the Armed Forces Tribunal.
- The Armed Forces Tribunal Act, 2007: A Critical Analysis[13]
- Appeal Under Law of Armed Forces - An Analysis[14]
- Administrative Adjudication and Dispensation of Justice Through Armed Forces Tribunal in India: The Way Forward and Challenges[15]
EDITORIALS
- Chhina, M. A. S. (2017, July 12). Govt clips wings of Armed Forces Tribunal in new rules. The Indian Express. https://indianexpress.com/article/india/govt-clips-wings-of-armed-forces-tribunal-in-new-rules-4746818/
- Singh, N. (2023, March 21). Military justice reform - developments and challenges. Bar and Bench - Indian Legal news. https://www.barandbench.com/columns/military-justice-reform-developments-challenges
- Sinha, Shreya. (2019, July 21). Over 16k cases pending in Armed Forces Tribunal. India Today. https://www.indiatoday.in/india/story/armed-forces-tribunal-1571874-2019-07-21
- Sura , A. (2019, September 24). Chandigarh: Armed Forces Tribunal disposes of around 250 cases in two days: Chandigarh News - Times of India. The Times of India. https://timesofindia.indiatimes.com/city/chandigarh/chandigarh-armed-forces-tribunal-disposes-around-250-cases-in-two-days/articleshow/71279540.cms
- Chirumamilla, Varun. (2017, November 17). The aches and pains of India’s Armed Forces Tribunals. Bar and Bench - Indian Legal news. https://www.barandbench.com/columns/armed-forces-tribunals
The Way Forward
Several crucial reforms are required to strengthen the military justice system. The establishment of a completely independent prosecutorial agency or authority is imperative. This serves to mitigate potential conflicts of interest and encourages fairness of proceedings.
In order to ensure expertise and adherence to legal principles, the appointment of legally qualified military judges is necessary. This in hand with the creation of permanent infrastructure and standing Courts for the Court Martial would contribute to the efficiency and consistency of the military justice system.
Concepts such as judicial independence, separation of powers, and the understanding that the aim is justice, and not conviction should be a priority in training for military personnel. There should be no command influence to protect against undue influence.
Statutory changes are required to align the military justice system with the regular criminal justice system, and notes should be taken from standards set by other democratic nations. These reforms aim to fortify the armed forces tribunals to ensure fairness, independence, and alignment with democratic legal principles.
- ↑ Law Commission of India, 196th Report on Amendments of Army, Navy & Air Force Acts (1999).
- ↑ (1982) 3 SCC 140.
- ↑ Guru Villa Bhima Rao v. Union of India, (1987) CrLJ 504.
- ↑ Chiranjit S. Gill v. Union of India, (1999) 4 SCC 521.
- ↑ Law Commission of India, 196th Report on Amendments of Army, Navy & Air Force Acts (1999).
- ↑ (1982) 3 SCC 140.
- ↑ Standing Committee on defense, fourteenth Lok Sabha, Report on Armed Forces Tribunals (Armed Forces Tribunals) Bill, 2005, tenth Report, (May 2006), available at https://prsindia.org/files/bills_acts/bills_parliament/2005/scr1185511495_10threport.pdf (Last visited on November 10, 2023).
- ↑ The Armed Forces Tribunal Bill, Bill No. CXXIX of 2005.
- ↑ Available at: https://indianexpress.com/article/india/govt-clips-wings-of-armed-forces-tribunal-in-new-rules-4746818/ (last visited on 21 Nov. 2023).
- ↑ Kaushal Kishore v. State of Uttar Pradesh & Ors. SLP (DIARY) NO. 34629 OF 2017.
- ↑ UOI and Ors. V. Parashotam Dass, CPL NO.447 OF 2023.
- ↑ Available at: https://www.barandbench.com/columns/military-justice-reform-developments-challenges (last visited on 21 Nov. 2023).
- ↑ Jha, U. C. (2008). The Armed Forces Tribunal Act, 2007: A Critical Analysis. Economic and Political Weekly, 43(11), 25–27. http://www.jstor.org/stable/40277251
- ↑ Upadhyay, A. K. (2003). APPEAL UNDER LAW OF ARMED FORCES - AN ANALYSIS. Journal of the Indian Law Institute, 45(2), 275–287. http://www.jstor.org/stable/43953415
- ↑ 2 SML L Rev 209 (2019)
