UNION OF INDIA & ORS. versus MAJOR GENERAL SHRI KANT SHARMA & ANR.

Citation: [2015] 4 S.C.R. 676 · Decided: 11-03-2015 · Supreme Court of India · Bench: S. J. MUKHOPADHAYA · Disposal: Disposed off
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[2015] 4 S.C.R. 676 
UNION OF INDIA & ORS. 
V. 
MAJOR GENERAL SHRI KANT SHARMA & ANR. 
(Civil Appeal No .. 7400 of 2013) 
MARCH 11, 2015 
[SUDHANSU JYOTI MUKHOPADHAYA AND 
N.V. RAMANA, JJ.] 
Armed Forces Tribunal Act, 2007: ss.30, 31 - Whether 
ss.30 and 31 bar the jurisdiction of High Court from hearing 
writ petition u!Art.226 against the order of the Armed Forces 
Tribunal - Held: Right of appeal uls.30 against an order of 
D Armed Forces Tribunal with the leave of the Tribunal u/s.31 
or leave granted by the Supreme Court or bar of leave to 
appeal u/Art. 136(2), bar the jurisdiction of the High Court u/ 
Art.226 regarding matters related to Armed Forces -
Constitution of India, 1950 -Art.226 - Jurisdiction. 
E 
Disposing of the appeals, the Court 
HELD: 1. The Armed Forces Tribunal Act, 2007 has 
been enacted to provide for adjudication or trial by 
F Armed Forces Tribunal of disputes and complaints with 
respect to commission, appointments, enrolment and 
conditions of service in respect of persons subject to 
the Army Act, 1950, the Navy Act, 1957 and the Air Force 
Act, 1950 and also to provide for appeals arising out of 
G orders, findings or sentences of Courts-Martial held 
under the said Acts and for matters connected therewith 
or incidental thereto. As per Section 14, in relation to 
service matters, the Tribunal has been empowered to 
H 
676 
UNION OF INDIA v. MAJOR GENERAL SHRI KANT 
677 
SHARMA 
exercise the jurisdiction, powers and authority, A 
exercisable by all the Courts except the power of 
Supreme Court or a High Court exercising jurisdiction 
under Section 226 and 227 of the Constitution. [Paras 
6, 7] [684-A-C; 686-8, C] 
2. Chapter V of the Act relates to appeal. Section 30 
provides for an appeal to the Supreme Court and 
Section 31 deals with leave to appeal. A plain reading 
B 
of Sections 33, 34 shows that a remc;:!y of appeal to 
Supreme Court against any final order passed by the c 
Tribunal under Section 30 with the leave of the Tribunal 
is provided under Section 31 of the Act. In case leave 
is refused by the Tribunal, an application to the 
Supreme Court for leave can be made as provided 
under sub-section (1) and (2) of Section 31 of the Act. It D 
is clear from the scheme of the Act that jurisdiction of 
the Tribunal constituted under the Armed :-orces 
Tribunal Act is in substitution of the jurisdiction of Civil 
Court and the High Court so far as it relates to suit 
relating to condition of service of the persons subject E 
to Army Act, the Navy Act and the Air Force Act, which 
are special laws enacted by the Parliament by virtue of 
exclusive legislative power vested under Article 246 of 
the Constitution read with Entries 1 & 2 of List I of the 
Seventh Schedule. [Paras 9, 11, 12, 14] [689-B, .C; 692-
F 
C-E; 697-D-F] 
Constitution of India, 1950 
3. Article 32 falls under Chapter Ill of the Constitution 
which deals witli fundamental right. Article 33 empowers G 
, the Parliament to restrict or abrogate the application of 
fundamental rights in relation to Armed Forces, Para 
Military Forces, the Police etc. Article 226 empowers 
High Court to issue prerogative writs. Article 227 relates H 
678 
SUPREME COURT REPORTS 
[2015] 4 S.C.R. 
A to power of superintendence of High Courts over all 
Court and Tribunals. Article 136 of the Constitution 
provides special leave to appeal to Supreme Court. In 
view of clause (2) of Article 136 which expressly 
excludes the judgments or orders passed by any Court 
B or Tribunal constituted by or under any law relating to 
Armed Forces, the aggrieved persons cannot seek 
leave under Article 136 of Constitution; to appeal from 
such judgment or order. But right to appeal is available 
under Section 30 with leave to appeal under Section 31 
c of the Armed Forces Tribunal Act, 2007. Thus, there is a 
constitutional bar not only under Article 136(2) but also 
under Article 227(4) with regard to entertaining any 
determination or order passed by any court or Tribunal 
under law relating to Armed Forces. Judicial review 
0 
under Article 32 and 226 is a basic feature of the 
Constitution beyond the plea of amendability. While 
under Article 32 of the Constitution a person has a right 
to move before Supreme Court by appropriate 
proceedings for enforcement of the rights conferred by 
Part Ill of the Constitution, no fundamental right can be 
E claimed by any person to move before the High Court 
by appropriate proceedings under Article
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