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Armed Force Tribunal Law - Siva Law Associates

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Armed Force Tribunal Law Issues:

  • Disputes on service matters like promotion and posting
  • Appeals against findings of courts martial proceedings
  • Grievances over premature discharge or termination
  • Claims denied for pension and retirement benefits
  • Challenges to disciplinary actions and summary trials
  • Service-related claims by heirs or legal dependents

About Armed Force Tribunal Law

Free Consultation

The Armed Forces Tribunal Law governs adjudication and appeals concerning service conditions and court martial decisions involving personnel of the Army, Navy, and Air Force, under the scope of the Armed Forces Tribunal Act, 2007.
The Act establishes a specialized judicial body — the Armed Forces Tribunal (AFT) — to handle:
• Service matters, such as promotion, pay, pension, discharge, tenure, and administrative grievances.
• Appeals from courts martial, including conviction, sentencing, or procedural violations.
The AFT operates with powers akin to a civil court (Section 14(4)) and is guided by the principles of natural justice rather than strict CPC procedure. It ensures timely, independent, and expert adjudication through judicial and administrative members.
Importantly, the jurisdiction of civil courts over service matters is barred under Section 33 of the Act. The Tribunal’s decisions are binding and subject only to appeal before the Supreme Court under Section 30.

Know Your Rights

Service personnel and their legal beneficiaries have the following protected rights under the AFT Act and the Constitution of India:
• Right to judicial remedy for any service matter or disciplinary action through an application to the AFT under Section 14.
• Right to appeal against court martial findings or sentences under Section 15, subject to timelines.
• Right to legal representation by a practitioner of choice as per Section 25 of the Act.
• Right to access hearings in a legally structured and fair forum, distinct from traditional military mechanisms.
• Right to appeal to the Supreme Court of India on questions of law or public importance under Section 30.
• Right to be protected against unjust dismissal or denial of pension if found eligible under the rules of service.
These rights reinforce fair administrative procedures and judicial access for armed forces personnel and their families, as envisaged under Article 14 and Article 21 of the Constitution.

Service Disputes Representation

Court Martial Appeal Advisory

  • Legal support in appeals against findings and sentences of General, Summary or District Court Martials.
  • Representation under Section 15, including sentencing mitigation or legal review.

Pension & Retirement Benefit Claims

  • Handling denial or delay in pension, gratuity, disability benefits, or other terminal dues.
  • Advisory on military financial entitlements and their statutory enforcement.

Representation for Families & Heirs

  • Legal action on behalf of dependents, widows, and heirs of deceased or retired personnel.
  • Guidance on succession of benefits, compassionate appointment, or delayed payments.