It stretches the imagination and plays havoc with the principle of checks and balances: the Armed Forces Tribunal (AFT) has been placed under the Defense Ministry. May it be noted that the function of the AFT is to examine the orders passed by the Defense Ministry and in most of the cases, the Defense Secretary is the first respondent.
The Union government has reportedly changed the rules governing the appointments in the AFT, giving more powers to the Defense Secretary who would now have a role in ordering inquiries against members of the tribunal and their removal. This goes against the order of a Constitutional Bench judgment of the Supreme Court which directed the placement of tribunals under the Law Ministry.
The new rules also reiterate the role of the Defense Secretary in selecting the Members of the tribunal and even consultation with the Chief Justice of India (CJI) has been abrogated. The Defense Secretary and other officials would now have a role in ordering inquiries against members of the tribunal and their removal, which could only be undertaken by a Supreme Court judge till now.
Further, the process of appointing retired High Court Judges as Judicial Members has been replaced by the appointment of regular Group A (Class I) officers of the Central Government. While the SC had directed a longer tenure for tribunal members without a provision for re-appointment to ensure independence, the new rules have decreased even the existing tenure to 3 years and have provided for re-appointment by a selection committee, of which the Defense Secretary is a member. This, despite the fact that the Defense Secretary is the first respondent party in all litigation in AFT.
While the existing provisions barred the post-retirement employment of members of the government, the new rules specifically allow such employment. Under the new rules, any advocate with 10 years of practice can be appointed as the AFT Chairperson while the lower appointment of Judicial Member can only be held by a High Court Judge.
Sources say that the government had notified the rules even when the Punjab and Haryana High Court had directed the central government in 2012 to place the AFT under the Law Ministry and also to recast the selection committee. When the UPA Government had approached the SC with a Special Leave Petition, the apex court had refused to stay the judgment and had only agreed to stay the contempt proceedings in the HC.
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Rules changed: Defense Secretary gets power over AFT
By IndianMandarins - 2017-07-12 09:41:03
It stretches the imagination and plays havoc with the principle of checks and balances: the Armed Forces Tribunal (AFT) has been placed under the Defense Ministry. May it be noted that the function of the AFT is to examine the orders passed by the Defense Ministry and in most of the cases, the Defense Secretary is the first respondent.
The Union government has reportedly changed the rules governing the appointments in the AFT, giving more powers to the Defense Secretary who would now have a role in ordering inquiries against members of the tribunal and their removal. This goes against the order of a Constitutional Bench judgment of the Supreme Court which directed the placement of tribunals under the Law Ministry.
The new rules also reiterate the role of the Defense Secretary in selecting the Members of the tribunal and even consultation with the Chief Justice of India (CJI) has been abrogated. The Defense Secretary and other officials would now have a role in ordering inquiries against members of the tribunal and their removal, which could only be undertaken by a Supreme Court judge till now.
Further, the process of appointing retired High Court Judges as Judicial Members has been replaced by the appointment of regular Group A (Class I) officers of the Central Government. While the SC had directed a longer tenure for tribunal members without a provision for re-appointment to ensure independence, the new rules have decreased even the existing tenure to 3 years and have provided for re-appointment by a selection committee, of which the Defense Secretary is a member. This, despite the fact that the Defense Secretary is the first respondent party in all litigation in AFT.
While the existing provisions barred the post-retirement employment of members of the government, the new rules specifically allow such employment. Under the new rules, any advocate with 10 years of practice can be appointed as the AFT Chairperson while the lower appointment of Judicial Member can only be held by a High Court Judge.
Sources say that the government had notified the rules even when the Punjab and Haryana High Court had directed the central government in 2012 to place the AFT under the Law Ministry and also to recast the selection committee. When the UPA Government had approached the SC with a Special Leave Petition, the apex court had refused to stay the judgment and had only agreed to stay the contempt proceedings in the HC.
