The Supreme Court has extended the term of three Administrative Members of the Armed Forces Tribunal who are scheduled to retire in July and August this year for a period of one month from the dates of their retirement.
"In the meantime, the Union of India may make the regular appointments in accordance with the recommendations already made.", the three judge bench headed by Chief Justice of India SA Bobde observed in the order passed last week.
Three members of the Tribunal are scheduled to retire on 22.07.2020, 23.07.2020 and 31.08.2020. The court ordered thus: "Having heard learned counsel for the applicant(s) and Mr. K.K. Venugopal, learned Attorney General for India, we direct that the term of three Administrative Members of the Armed Forces Tribunal who are scheduled to retire on 22.07.2020, 23.07.2020 and 31.08.2020, is extended for a period of one month from the said dates of their retirement."
As per Section 5 of the Armed Forces Tribunal Act, the Tribunal shall consist of a Chairperson, and such number of Judicial and Administrative Members .
Chairperson of AFT has to be a retired Judge of the Supreme Court or a retired Chief Justice of a High Court. Justice Rajendra Menon, former Chief Justice of Delhi High Court, was appointed as the Chairperson of Armed Forces Tribunal, last year. A Judicial Members have to be retired High Court judges.
To qualify for the post of Administrative members, following are the qualifications.1) he 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; and (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.
The Chairperson and other Members of the Tribunal are appointed by the President after consultation with the Chief Justice of India.