Section 5 of the Armed Forces Tribunal Act, 2007 - Composition of Tribunal and Benches

Section 5 of the Armed Forces Tribunal Act, 2007 explains how the Armed Forces Tribunal is composed, how its Benches are ordinarily constituted, what administrative powers the Chairperson has in relation to Members and larger Benches, and where the Principal Bench and other Benches may sit.

Key point

The Tribunal consists of a Chairperson and such number of Judicial and Administrative Members as the Central Government considers appropriate. Ordinarily, a Bench consists of one Judicial Member and one Administrative Member.

Text of Section 5 - Composition of Tribunal and Benches thereof

(1) The Tribunal shall consist of a Chairperson, and such number of Judicial and Administrative Members as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof.

(2) Subject to the other provisions of this Act, a Bench shall consist of one Judicial Member and one Administrative Member.

(3) Notwithstanding anything contained in sub-section (1), the Chairperson:

(a) may, in addition to discharging the functions of a Judicial Member of the Bench to which the Chairperson is appointed, discharge the functions of an Administrative Member of any other Bench;

(b) may transfer a Member from one Bench to another Bench;

(c) may, for the purpose of securing that any case or cases which, having regard to the nature of the questions involved, require, in the opinion of the Chairperson or under the rules made under this Act, to be decided by a Bench composed of more than two Members, issue such general or special orders as the Chairperson may deem fit.

Provided that every Bench constituted under clause (c) shall include at least one Judicial Member and one Administrative Member.

(4) Subject to the other provisions of this Act, the Benches of the Tribunal shall ordinarily sit at Delhi, which shall be known as the Principal Bench, and at such other places as the Central Government may, by notification, specify.

How the Armed Forces Tribunal is composed

Section 5(1) establishes a mixed composition. The Tribunal has a Chairperson and Judicial and Administrative Members. The Central Government determines the number of Judicial and Administrative Members, subject to the governing provisions of the Act and other applicable law.

Ordinary composition of an AFT Bench

Under Section 5(2), the ordinary Bench consists of two Members: one Judicial Member and one Administrative Member. The Act therefore combines judicial expertise with service and administrative experience in the ordinary constitution of a Bench.

Powers of the Chairperson under Section 5(3)

Section 5(3) gives the Chairperson important administrative and Bench-constitution powers. These include performing specified functions on another Bench, transferring a Member from one Bench to another, and constituting a Bench of more than two Members where the nature of the questions involved or the applicable rules require a larger Bench.

Minimum composition of a larger Bench: Where a Bench of more than two Members is constituted under Section 5(3)(c), it must include at least one Judicial Member and one Administrative Member.

Principal Bench at Delhi and other Benches

Section 5(4) provides that the Benches ordinarily sit at Delhi, which is known as the Principal Bench. It also authorizes the Central Government to specify other places of sitting by notification. This statutory framework permits the Tribunal to function through the Principal Bench and Regional Benches.

Meaning of Judicial Member and Administrative Member

The terms used in Section 5 are defined in Section 3 of the Armed Forces Tribunal Act, 2007. Section 3 defines an "Administrative Member" as a Member who is not a Judicial Member within the statutory definition. It defines "Judicial Member" as a Member appointed as such under the Act and includes the Chairperson where the statutory qualification requirement is satisfied.

Relationship with Sections 4, 6 and 7

Section 4 establishes the Armed Forces Tribunal. Section 5 explains its composition and Benches. Section 6 deals with qualifications for appointment of the Chairperson and other Members, while Section 7 deals with their appointment. These provisions should therefore be read together when examining the institutional structure of the Tribunal.

Official statutory references

The current central Act and the official text of Section 5 can be checked on the Government of India's India Code portal. Information concerning the Principal Bench and current Tribunal administration can be checked on the official Armed Forces Tribunal website.

Legal note: This article is a general statutory reference. Questions about the constitution of a particular Bench, transfer of Members, territorial allocation or the validity of a particular Bench should be considered with reference to the Act, applicable rules, notifications and current judicial decisions.

Reviewed against official statutory sources: September 2026.