The Supreme Court’s emphasis on establishing Armed Forces Tribunal (AFT) circuit benches in Jammu and Kashmir and Himachal Pradesh is a welcome step towards addressing the longstanding grievances of armed forces personnel. This move underscores the judiciary’s commitment to ensuring access to timely justice and reducing the burden on the already overburdened AFT Chandigarh. It also highlights systemic issues plaguing tribunals across the country, including chronic appointment delays and a lack of adequate infrastructure. At present, the AFT Chandigarh bench is tasked with adjudicating cases not only from Punjab, Haryana, and Chandigarh but also from J&K and HP. This vast jurisdiction has led to an untenable backlog of defence-related cases, delaying justice for many retired and serving members of the armed forces. With the armed forces playing a critical role in both J&K and HP, these generate a significant number of service-related disputes, including pension grievances, service conditions, and disciplinary matters. Expecting litigants from remote and often difficult-to-access regions to travel to Chandigarh adds to their financial and logistical burdens.
The Supreme Court’s observations also shed light on a deeper issue affecting the functioning of tribunals across the country: the chronic delay in filling vacancies. As Justice Surya Kant rightly pointed out, the appointment process often lags due to the sheer workload on committees responsible for these tasks. This administrative inertia leads to tribunals functioning with skeletal strength, compounding delays and undermining their mandate. The court’s directive to the Centre to initiate the process of filling tribunal vacancies six months before they arise is both practical and necessary. A proactive approach to appointments will ensure that tribunals operate at their full sanctioned strength, providing uninterrupted services. The Government must also streamline the selection process by adopting technological solutions and setting clear timelines to avoid bureaucratic bottlenecks.
Beyond appointments, there is a pressing need to invest in the infrastructure and resources required for the effective functioning of AFTs. Setting up circuit benches in new locations demands careful planning and allocation of resources, including physical infrastructure, qualified personnel, and technological support. The Government must prioritise these investments to ensure that the new benches are not merely symbolic but fully equipped to handle their caseloads efficiently. Additionally, the use of digital platforms for filing, tracking, and hearing cases can significantly enhance the efficiency of tribunals. During the COVID-19 pandemic, the judiciary’s adoption of virtual hearings proved to be a game-changer in ensuring continuity of services. AFTs can similarly leverage technology to reduce pendency and improve access, particularly for litigants from remote areas.
The establishment of AFTs was a landmark step in recognising the unique service conditions of armed forces personnel and providing them with a dedicated forum for redressal. However, the effectiveness of this system hinges on its accessibility and efficiency. Delays in justice not only undermine the morale of our armed forces but also erode public trust in the institutions meant to serve them. Jammu & Kashmir and Himachal Pradesh are regions with a significant presence of defence personnel, both serving and retired. The challenging terrain, coupled with the frequent deployment of armed forces in these areas, makes access to justice even more critical. The establishment of circuit benches in Jammu, Srinagar, Shimla, and Dharamshala could bring the justice delivery system closer to the people it serves. These locations are geographically convenient. Circuit benches will ensure that disputes are resolved more efficiently, with reduced waiting times and lower litigation costs.
The armed forces are the backbone of our nation’s security, and their grievances deserve priority attention. Establishing circuit benches is a small but significant step in honouring their service and ensuring that justice is not just delivered but delivered promptly. The onus is now on the Government to translate the Supreme Court’s vision into reality and ensure that our armed forces personnel receive the justice they rightfully deserve.
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