Lok Sabha Question No. 2663 (UNSTARRED), answered on 2021-03-10
Subject: Armed Forces Tribunal
Ministry: DEFENCE
Asked by: Rajyavardhan Singh Rathore

## GOVERNMENT OF INDIA MINISTRY OF DEFENCE DEPARTMENT OF DEFENCE

## LOK SABHA UNSTARRED QUESTION NO.2663

TO BE ANSWERED ON 10 th  March, 2021

## ARMED FORCES TRIBUNAL

2663. COL. RAJYAVARDHAN RATHORE:

Will the Minister of DEFENCE j{kk ea=h be pleased to state:

- (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?

## A    N    S    W    E    R

MINISTER OF STATE IN THE MINISTRY OF DEFENCE

(SHRI SHRIPAD NAIK)

- (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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## ANNEXURE-A  REFERRED  TO  IN  THE  REPLY  TO  PART  (c)  OF  LOK  SABHA UNSTARRED  QUESTION  NO.  2663  FOR  ANSWER  ON  10.03.2021  REGARDING 'ARMED FORCES TRIBUNAL'

| Bench                           | Member                           |   Sanctioned Strength |   In-Position currently |   Vacant |
|---------------------------------|----------------------------------|-----------------------|-------------------------|----------|
| Delhi                           | Judicial (including chairperson) |                     3 |                       2 |        1 |
| Delhi                           | Administrative                   |                     3 |                       2 |        1 |
| Chandigarh                      | Judicial                         |                     3 |                       1 |        2 |
| Chandigarh                      | Administrative                   |                     3 |                       1 |        2 |
| Lucknow                         | Judicial                         |                     3 |                       1 |        2 |
| Lucknow                         | Administrative                   |                     3 |                       1 |        2 |
| Srinagar (functioning at Jammu) | Judicial                         |                     1 |                       0 |        1 |
| Srinagar (functioning at Jammu) | Administrative                   |                     1 |                       0 |        1 |
| Jaipur                          | Judicial                         |                     1 |                       0 |        1 |
| Jaipur                          | Administrative                   |                     1 |                       0 |        1 |
| Jabalpur                        | Judicial                         |                     1 |                       0 |        1 |
| Jabalpur                        | Administrative                   |                     1 |                       0 |        1 |
| Kolkata                         | Judicial                         |                     1 |                       0 |        1 |
| Kolkata                         | Administrative                   |                     1 |                       0 |        1 |
| Guwahati                        | Judicial                         |                     1 |                       0 |        1 |
| Guwahati                        | Administrative                   |                     1 |                       0 |        1 |
| Mumbai                          | Judicial                         |                     1 |                       0 |        1 |
| Mumbai                          | Administrative                   |                     1 |                       1 |        0 |
| Kochi                           | Judicial                         |                     1 |                       0 |        1 |
| Kochi                           | Administrative                   |                     1 |                       1 |        0 |
| Chennai                         | Judicial                         |                     1 |                       0 |        1 |
| Chennai                         | Administrative                   |                     1 |                       1 |        0 |
|                                 | Total                            |                    34 |                      11 |       23 |

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ANNEXURE-B  REFERRED  TO  IN  THE  REPLY  TO  PART  (d)  OF  LOK  SABHA UNSTARRED  QUESTION  NO.  2663  FOR  ANSWER  ON  10.03.2021  REGARDING 'ARMED FORCES TRIBUNAL'

## Bench-wise total pendency of cases in AFT Benches as on 28.02.2021.

| Benches                         |   Cases Pending |
|---------------------------------|-----------------|
| Delhi                           |            5553 |
| Lucknow                         |            1346 |
| Chandigarh                      |            4512 |
| Kochi                           |             964 |
| Chennai                         |             652 |
| Kolkata                         |             612 |
| Jaipur                          |            3154 |
| Mumbai                          |             564 |
| Guwahati                        |             104 |
| Jabalpur                        |             347 |
| Srinagar (Functioning at Jammu) |            1021 |
| Total                           |           18829 |

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