Question : Armed Forces Tribunal

(a) whether any additional benches of the Armed Forces Tribunal (AFT), apart from the principal bench in Delhi and the benches in Chandigarh, Lucknow, Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur have been approved and if so, the details thereof;
(b) whether any additional benches have been sanctioned at Kolkata, Guwahati, Chennai, Kochi, Mumbai and Jaipur, like the three in Chandigarh and Lucknow;
(c) the number of judges and administrative member positions filled and vacant in each of the benches;
(d) the numbers, details and the reasons for delay for each of the cases currently pending with the AFT, bench-wise;
(e) whether the role of administrative members in the AFT have been altered and if so, the reasons therefor; and
(f) the steps taken by the Government to address the lacunae in the functioning of the AFTs?

MINISTER OF STATE (SHRI SHRIPAD NAIK)
IN THE MINISTRY OF DEFENCE


(a) Two more Benches of AFT were notified by the Government at Jabalpur and Srinagar (functioning at Jammu) on 03.05.2016 and 16.11.2016 respectively.

(b) No, Sir.

(c) There are 34 sanctioned posts of Members (17 Judicial Members & 17 Administrative Members) in AFT. Bench-wise details of filled & vacant posts of Members are enclosed at Annexure-“A”.

(d) The Bench-wise details of pendency of cases in AFT as on 28.02.2021 is enclosed at Annexure-“B”.
The “Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience & Other Conditions of Service of Members) Rules 2017” which governed the appointment of Members to various Tribunals (including AFT) were challenged before the Hon’ble Supreme Court in a series of petitions resulting in delay in appointment of Members to the AFT. The said Rules were struck down by the Apex Court vide Order dated 13.11.2019, and New Rules namely “Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience & Other Conditions of Service of Members) Rules 2020” were framed by the Government.
These New Rules were also challenged before the Hon’ble Supreme Court further delaying the appointment of Members. The matter was decided vide order dated 27.11.2020 of the Hon’ble Supreme Court.

(e) No, Sir. The role of Administrative Members is as per AFT Act 2007 and Rules there under.

(f) Government has recently appointed 05 Administrative Members and 01 Judicial Member in AFT in September, 2020.
The existing Members have also been nominated by the Hon’ble Chairperson, in exercise of the powers conferred upon him under Section 12 of the AFT Act, 2007 for taking up the cases of other Regional Benches, where the Members were not available.
Even during the pandemic of COVID-19, the cases relating to the Regional Benches of the Armed Forces Tribunal were being taken up through video conferencing.

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