GOVERNMENT OF INDIA
Ministry of Defence
DEPARTMENT OF DEFENCE

RAJYA SABHA
UNSTARRED QUESTION NO. 677
TO BE ANSWERED ON THE 22ND NOVEMBER, 2016

Filling Vacancies in AFT

 

677. SHRI RAJEEV CHANDRASEKHAR

Will the Minister of DEFENCE be pleased to state:

(a)   The steps undertaken to fill up of Judicial Members in Armed Forces Tribunal (AFT) courts across the country;

(b)  By when the vacancies are likely to be filled;

(c)   Whether Government would consider bringing the AFT under the Ministry of Law and Justice; and

(d)  If so, the details thereof, if not, the reasons therefor?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF DEFENCE
DR. SUBHASH BHAMRE

(a)   The Ministry has initiated action as per provision of AFT Act, 2007 to fill up all the existing and anticipated vacancies of Judicial Members upto 31.12.2016.

(b)  Ministry takes action from time to time to fill up the vacancies expeditiously. However, different Government Organizations/Departments are involved in the process of appointments of Members of Armed Forces Tribunal. Therefore, it is not possible to indicate a definite timeline.

(c)   No, Sir.

(d)  Functioning of the Armed Forces Tribunal is distinct as it exclusively handles the matters of the Armed Forces of the Country arising out of specific Acts governing them. Armed Forces Tribunal has protection of Articles 227 (4) and 136 (2) of the Constitution and thus Armed Forces Tribunal stands on a different footing as compared to any other Tribunal.