Supreme Court of India says courts should not interfere in postings and transfers of military personnel

The Supreme Court of India has once again reiterated that Courts should ordinarily be loath in interfering in postings and transfers of military personnel.

A detailed post on the decision is available on Live Law, along with a copy of the judgment.

However, there is something amiss. In the said case, as recorded in the decision of the Supreme Court, the Union of India submitted (and the Court apparently accepted on face value without there being any opposition from the opposite side) that such matters needed to be agitated before the Armed Forces Tribunal (AFT) and not the Supreme Court.

However, the reality is that there is a direct prohibition in the Armed Forces Tribunal Act, 2007, which spells out that the AFT cannot entertain matters concerning postings and transfers. Section 14 of the Act confers power on the AFT to adjudicate upon ‘service matters’, however, proviso (ii) to Section 3(o)(iv) clearly and explicitly states that postings and transfers would not form a part of ‘Service Matters’. The relevant provision runs as under:

“.....but shall not include matters relating to:—

(ii) transfers and postings including the change of place or unit on posting whether individually or as a part of unit, formation or ship in relation to the persons subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950)”

In fact, the Union has always protested before the AFT in such matters that the jurisdiction on postings and transfers is only with Constitutional Courts, that is, the High Courts and the Supreme Court, and not with the AFT.

Besides other pointers, in the humble opinion of this author, this shows the lack of seriousness of various parties even when matters are being heard by the highest Court of the land of the largest democracy. Not a good sign.