Frequently Asked Questions
Answers to Common Military Law Questions
Below you’ll find answers to the most common questions about military legal matters. If you can’t find the answer you’re looking for, feel free to contact us for an initial consultation.
General Questions
Q1: What types of military legal cases do you handle?
A: We specialize exclusively in military and service law matters, including:
- Armed Forces Tribunal (AFT) cases
- Court martial defense (GCM, DCM, SCM, SGCM)
- Disability pension claims and appeals
- Service pension and OROP matters
- Promotion and supersession disputes
- Wrongful termination and discharge cases
- Paramilitary forces legal matters (BSF, CISF, CRPF, ITBP)
- Central Government employee service disputes (CAT matters)
We do not handle family law, criminal defense, property disputes, or corporate matters at this practice.
Q2: Do you represent all three services – Army, Navy, and Air Force?
A: Yes, we represent personnel from all three services of the Indian Armed Forces:
- Indian Army (under Army Act, 1950)
- Indian Navy (under Navy Act, 1957)
- Indian Air Force (under Air Force Act, 1950)
Our team, led by Wg Cdr Ajit Kakkar who served 26 years in the Indian Air Force, has handled thousands of cases across all services.
Q3: Can you help paramilitary and central police force personnel?
A: Absolutely. We handle legal matters for Border Security Force (BSF), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), Indo-Tibetan Border Police (ITBP), Sashastra Seema Bal (SSB), Assam Rifles, and other Central Armed Police Forces (CAPFs). These matters are typically heard before the Central Administrative Tribunal (CAT) rather than the AFT.
Q4: Do you handle cases outside Delhi?
A: Yes, we handle cases pan-India. While our office is located at the Armed Forces Tribunal Principal Bench in New Delhi, we represent clients before all AFT Regional Benches across India, Supreme Court of India, various High Courts, and CAT benches nationwide. For clients outside Delhi, we offer video consultations and can coordinate with local counsel for procedural matters while handling strategic aspects from Delhi.
Armed Forces Tribunal (AFT)
Q6: What is the Armed Forces Tribunal (AFT)?
A: The Armed Forces Tribunal (AFT) was established under the Armed Forces Tribunal Act, 2007. It is a specialized judicial body that adjudicates disputes and complaints related to service matters of armed forces personnel, appeals against court martial verdicts, pension matters, promotion disputes, and termination and discharge challenges. The AFT has one Principal Bench in New Delhi and Regional Benches across India. It provides faster resolution of military disputes compared to civil courts.
Q7: How long does an AFT case typically take?
A: The timeline varies depending on the case complexity and bench workload. Simple matters typically take 6-12 months, complex service matters take 12-18 months, and appeals and transfers take 6-12 months. The AFT is mandated to dispose of cases within 6 months, but complex cases may take longer. Proper documentation and legal strategy can significantly impact timelines.
Q8: Can I file an AFT case myself without a lawyer?
A: Technically, yes. Applicants can appear in person before the AFT. However, we strongly advise engaging an experienced military lawyer because military law involves complex regulations and precedents, proper drafting of pleadings is crucial for success, understanding of procedures can make or break a case, the opposing party (Government) will have trained legal counsel, and mistakes in initial filings can harm your case permanently. Given that you may have only one chance to present your case, professional representation significantly improves your chances of success.
Q10: Can I appeal an AFT decision?
A: Yes, AFT decisions can be appealed to the Supreme Court of India under Section 31 of the Armed Forces Tribunal Act, 2007. The appeal must be filed within 60 days of the AFT order. Important: There is no appeal to High Courts from AFT decisions. The only appellate forum is the Supreme Court.
Court Martial
Q11: What are the different types of court martial?
A: There are four types of court martial in India:
- General Court Martial (GCM) – Tries any person subject to military law, can award any punishment including death, most formal procedure
- District Court Martial (DCM) – Tries officers below certain rank and other ranks, limited sentencing powers, commonly used for moderate offenses
- Summary Court Martial (SCM) – For other ranks only, simplified procedure, limited sentencing powers
- Summary General Court Martial (SGCM) – Can be convened during active operations, expedited procedure, used in wartime or emergencies
Q12: Can a court martial verdict be appealed?
A: Yes, court martial verdicts can be challenged through: Pre-confirmation petition to the confirming authority, Post-confirmation petition to the Chief of Staff, Appeal to the Armed Forces Tribunal within 6 months of the final order, and Special Leave Petition to the Supreme Court. Having experienced legal representation from the court martial stage itself provides the best chances of a favorable outcome.
Disability Pension
Q14: What is disability pension eligibility?
A: Disability pension is granted to armed forces personnel who become disabled during service where the disability is attributable to or aggravated by military service, and have a disability percentage assessed by a Medical Board. Key categories include Battle Casualties (disability due to war/operations), Attributable Cases (disability caused by service conditions), and Aggravated Cases (pre-existing condition worsened by service). The disability must be assessed at 20% or above by the medical board for pension eligibility.
Q15: What is broad banding in disability pension?
A: Broad banding is a system where disability percentages are grouped into bands for calculating pension. Disability of 20-49% receives pension at 50% rate, 50-75% at 75% rate, and 76-100% at 100% rate. For example, if your disability is assessed at 35%, under broad banding, you receive pension calculated at 50% disability rate rather than the actual 35%. This system was introduced to simplify pension calculations and provide standardized benefits across similar disability levels.
Q16: My disability pension was rejected. Can I appeal?
A: Yes, disability pension rejections can be challenged through: Appeal to the Principal Controller of Defence Accounts (PCDA), Petition to the Armed Forces Tribunal (AFT), and Special Leave Petition to Supreme Court (if AFT decision is unfavorable). Common grounds for successful appeals include procedural errors in medical board assessment, incorrect disability percentage calculation, non-consideration of service medical records, and ignoring causal link between service and disability. We have a strong track record in reversing disability pension rejections.
Service Pension & OROP
Q18: How is service pension calculated?
A: Service pension for armed forces personnel is calculated using the basic formula: Pension = 50% of (Last Pay Drawn). Factors affecting calculation include length of qualifying service, rank at retirement, pay band and grade pay, and applicable Pay Commission recommendations. The pension is subject to OROP (One Rank One Pension) equalization, which ensures personnel retiring in the same rank with same length of service receive the same pension regardless of retirement date.
Q19: What is OROP and how do I claim arrears?
A: OROP (One Rank One Pension) is a scheme implemented from July 1, 2014 that ensures uniform pension for personnel who retired in the same rank with same length of service, regardless of their date of retirement. Pension is re-fixed based on pension of those who retired in calendar year 2013. To claim OROP arrears: Check if your pension has been correctly revised, compare with OROP tables issued by PCDA, submit representation to PCDA if discrepancy exists, and if rejected, file application before AFT. Many veterans have received significantly lesser arrears than entitled.
Q20: Can my family claim pension after my death?
A: Yes, Family Pension is provided to eligible family members. Eligible beneficiaries (in order) include widow/widower, eligible children (unmarried daughters, disabled sons), dependent parents, and dependent siblings (in certain cases). Types of Family Pension include Ordinary Family Pension (30% of last pay) and Special/Liberalized Family Pension (60% of last pay for battle casualties, operational deaths). Family pension cases often involve disputes over eligibility, calculation, and beneficiary determination.
Still Have Questions?
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