Act

The Union Government has noticed the Armed Forces Tribunal Act 2007 that will pave the way for the setting up of the Tribunals dealing with disputes relating to the personnel of the three services . The Armed Force Tribunal Bill 2007 , passed by Parliament, recieved the assent of the President on December 25, 2007.

The Act provides for the setting up of the Tribunal's Principle Branch in New Delhi and branches at other places as the Government may deem necessary. Only a former Judge of the Supreme Court or a former Chief Justice of a High Court can be its chairperson and will hold office for a four year term. The Tribunal and its benches, having powers of a High Court, will consist of such number of Judicial and administrative members.  A person shall not be qualified for appointment as a Judicial Member unless he is or has been a Judge of a High Court.  A person shall not be qualified for appointment as an Administrative Member unless- (a) he has held or has been holding 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; or (b) 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.  A serving person, if appointed shall have to retire from service prior to assuming such appointment.

All pending trials before civil courts including the High Courts covered under the Army Act 1950, Navy Act 1957 and the Air Force Act 1950 will stand transferred before the Tribunal. Appeals against the verdicts of courts martial can be made only before the Tribunal.

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