ARMED FORCES TRIBUNAL - POLITY
News: Supreme
Court rules that tribunals cannot direct government to frame policy
What's in the news?
● The
Supreme Court has clarified that tribunals functioning under the strict
parameters of their governing legislations cannot direct the government to make
policy.
Judicial Review and Policy Making:
● The
bench emphasized that policy-making remains outside the judiciary’s realm.
● While
recognizing the AFT’s authority akin to a
civil court, the Court highlighted that
tribunals, including higher courts like the Supreme Court and High Courts,
cannot issue directives to the government for legislation or policy formation.
● A tribunal, functioning
strictly within the limitations outlined by its governing legislation, lacks
the authority to compel the creation of policies or schemes.
● The
judgment emphasized that even courts with writ jurisdiction, often confronted
with issues seemingly in conflict with fundamental rights, are not empowered to
mandate policy creation.
Constitutional provisions for Tribunals in India:
● The
constitutional provisions for tribunals in India are primarily derived from Articles 323-A and 323-B of the
Constitution of India.
● It
was incorporated into the Indian Constitution by the 42nd Amendment Act, of 1976.
● These
articles empower the Parliament and the State Legislatures to establish
administrative and other tribunals for the adjudication of specific disputes
and matters.
Armed Forces Tribunal:
● Established:
2009
● Jurisdiction:
Matters related to the armed forces, including disputes and service-related
issues of military personnel.
● Powers:
Adjudication of cases involving armed forces personnel.