The Armed Forces Tribunal (AFT) is grappling with a severe shortage of judicial and administrative personnel, with over 35 per cent of sanctioned posts lying vacant. This shortfall has contributed to a backlog of approximately 11,000 pending cases, according to data submitted by the Ministry of Defence (MoD) to Parliament on July 24.
Vacancies Across AFT Benches
Of the 34 sanctioned posts for judicial and administrative members across the AFT's 11 Benches, 12 are vacant, resulting in a 35.3 per cent overall shortfall. Three Benches—located in Srinagar, Jabalpur, and Guwahati—are operating without any members, as both their judicial and administrative posts remain unfilled. In contrast, the Principal Bench in New Delhi, along with the Mumbai and Jaipur Benches, are functioning at full sanctioned strength.
Each AFT Bench comprises one or more courts. The Principal Bench and the Chandigarh Bench are each sanctioned three courts, while the Lucknow Bench has two. The remaining Benches—including Kochi, Chennai, and Kolkata—are sanctioned one court each. The AFT Chairperson must be a former Supreme Court judge. Each court is presided over by a judicial member, who must have served as a High Court judge, along with an administrative member, traditionally a retired defence officer of the rank of Major General or above. Recently, the eligibility rules for administrative members were amended to include persons with experience in fields such as economics, management, commerce, and industry.
Staff Shortages Worsen Backlog
The shortage extends to office staff as well. Out of 564 sanctioned staff positions, 205 are vacant—a vacancy rate of approximately 36.3 per cent. Among the three largest Benches, the Principal Bench has a sanctioned staff strength of 103, with 37 per cent of posts vacant. Chandigarh, with 89 sanctioned posts, has 29 per cent vacancies, while Lucknow, with 88 posts, has 35 per cent vacancies. At the Guwahati and Kolkata Benches, the number of vacant posts exceeds the number of currently posted staff.
Official MoD figures reveal that as of March 2026, about 11,000 cases are pending adjudication before the AFT. Between 2021 and January 2026, a total of 44,622 cases were registered. A significant number of cases are also awaiting execution, where judgments and directions passed by the AFT have not been implemented by the government.
Impact on Military Justice
The Armed Forces Tribunal was inaugurated in August 2009 under the Armed Forces Tribunal Act 2007. It has the power to adjudicate disputes and complaints related to commission, appointments, enrolments, and conditions of service for personnel subject to the Army Act 1950, the Navy Act 1957, and the Air Force Act 1950. It also handles appeals arising from court-martial orders, findings, or sentences. Before the AFT's establishment, all such cases were filed before the High Court. Orders passed by the AFT can be appealed by either party before the High Court, and thereafter the Supreme Court.
The high vacancy rate not only delays justice for service personnel but also undermines the efficiency of the tribunal. With three Benches completely non-functional and others operating at reduced capacity, the backlog is likely to grow further. Experts warn that the shortage of members and staff could exacerbate delays in resolving service disputes and court-martial appeals, affecting the morale and legal rights of armed forces personnel.
