Question map
Which one of the following statements is incorrect ?
Explanation
The Armed Forces Tribunal (AFT) was established under the Armed Forces Tribunal Act, 2007. It possesses the power to adjudicate disputes regarding service conditions for personnel governed by the Army Act, 1950, and other military laws. It also serves as an appellate body for findings and sentences of courts-martial. Under the Act and subsequent rules, the Chairperson and members are appointed by the President of India after consultation with the Chief Justice of India (CJI). However, the removal process differs; while the CJI is consulted, the removal of a member typically requires an inquiry by a Judge of the Supreme Court or a High Court, and the final authority rests with the Central Government. Statement 4 is incorrect because the statutory procedure for removal involves a formal inquiry rather than just 'consultation' as the sole mechanism, ensuring judicial independence. Courts-martial are generally excluded from the writ jurisdiction of higher courts regarding fundamental rights [1].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > ARMED FORCES AND FUNDAMENTAL RIGHTS > p. 100