Armed force Tribunal
- November 18, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
Armed force Tribunal
Subject : Polity
Context:
- The Appointment Committee of the Cabinet has approved appointments to fill 23 vacancies, including 11 as judicial members and 12 as administrative members, in the Armed Forces Tribunal
What is Armed Force Tribunal:
- It is a military tribunal with the power of adjudication or trial of disputes and complaints related to commission, appointments, enrolments and conditions of service.
- It was established in August 2009 by the Armed Forces Tribunal Act 2007.
- Besides the Principal Bench in New Delhi, the Armed Force Tribunal has 10 Regional Benches i.e Regional Benches at Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai, Jabalpur, Srinagar and Jaipur
What is the composition of Armed Force Tribunal:
- The Tribunal is composed of Judicial Members as well as Administrative Members.
- The Judicial Members are retired High Court Judges.
- Administrative Members are retired Members of the Armed Forces who have held the rank of Major General/ equivalent or above for a period of three years or more or the Judge Advocate General who have experience in the post for at least one year.
- The person holding the office of chairperson of the Armed Force Tribunal must have been either a retired judge of the Supreme Court or a Retired chief justice of the high court.
- What are the Power and Jurisdiction of theArmed Force Tribunal:
- The Tribunal is empowered to adjudicate appeals against any order, decision, finding or sentence passed by a court-martial or any related matter.
- It is also empowered to grant bail to an accused who is in military custody.
- The Tribunal may have the powers to substitute for the findings of the court martial. It may:
- Remit the whole or any part of the sentence, with or without conditions;
- Mitigate the punishment awarded
- Commute such punishment to any lesser punishment or enhance the sentence awarded by a court martial.
- Armed Forces Tribunal has both Original and Appellate Jurisdiction
- The Tribunal functions according to the Armed Forces Tribunal (Procedure) rules, 2008.
- All proceedings of the tribunal are in the English language.
- The Tribunal normally follows the procedure practiced in High Courts.
- What is the exceptions with respect to Armed Forces Tribunal:
- Paramilitary forces including the Assam Rifles and Coast Guard are outside the tribunal’s purview.
- Armed Forces Tribunal is considered to be a criminal court with respect to Indian Penal Code and Code of Criminal Procedure.
- Appeals against the decision of the Armed Forces Tribunal can be taken only in the Supreme Court.
- High Courts are not allowed to entertain such appeals.