Union of India & Ors. vs Parashottam Dass
2023 INSC 265; 2023 SCC Online SC 314
Coram: Hon’ble Justice Sanjay Kushan Kaul, Hon’ble Justice Abhay Oka & Hon’ble Justice B.V. Nagarathana
Forum: Hon’ble Supreme Court of India
Case No.: Civil Appeal of 447 of 2023
Date of Decision: March 21, 2023

Facts/Background:

  • This case revolves around the large number of pending service matters of members of the three-armed forces of the Union of India.
  • The Central Government was prompted to establish an independent adjudicatory forum for defence personnel after the Supreme Court urged judicial review in service matters in 1982.
  • This led to the establishment of the Armed Forces Tribunal through the Armed Forces Tribunal Act, 2007.
  • The Act aimed to provide an independent judicial mechanism for service matters, including appeals against court-martial decisions.
  • After establishing the Tribunal, the issues related to implementation and lack of proper judicial review led to the appeal before the Supreme Court, which sought to address ambiguities in the Armed Forces Tribunal Act, 2007, and the Constitution of India.

Main Issue:

Whether an order passed by the Armed Forces Tribunal can be challenged under the writ jurisdiction of Article 226 of the Constitution of India before any High Court? (Paragraph 3)