Supreme Court Revives High Courts’ Power Over Armed Forces Tribunal Decisions

In a significant move to uphold judicial review and ensure justice for military personnel, the Supreme Court of India has restored the jurisdiction of High Courts to adjudicate orders passed by the Armed Forces Tribunal (AFT). This landmark decision overturns a 2015 judgment that had curtailed such powers, reaffirming the fundamental principles of judicial oversight and the rights of service members.

On March 28, 2023, a full bench of the Supreme Court, consisting of Justices Sanjay Kishan Kaul, Abhay S. Oka, and B.V. Nagarathna, delivered a pivotal judgment – Union of India V. Parashotam Das. The court held that High Courts possess the jurisdiction to review decisions made by the AFT under Article 226 of the Constitution. This ruling overturned the 2015 judgment in Union of India v. Major General Shri Kant Sharma, which had previously barred High Courts from exercising such powers.

The reinstatement of High Courts’ jurisdiction over AFT decisions marks a return to a system of checks and balances essential for ensuring fair treatment of military personnel. It recognizes the unique nature of military service while safeguarding against potential misuse of authority and procedural errors within military justice. The Supreme Court emphasized that while the Armed Forces have their own rules and procedures, the High Courts must have the authority to correct any jurisdictional errors or violations of fundamental rights. This is crucial in maintaining the integrity of judicial processes and protecting the rights of service members,