Delhi High Court Refers Question on AFT’s Power to Rule on Constitutionality to Full Bench

The Delhi High Court has referred significant constitutional questions to a Full Bench concerning the jurisdiction of the Armed Forces Tribunal (AFT).

The Division Bench, comprising Justices C. Hari Shankar and Om Prakash Shukla, questioned whether the AFT possesses the authority to adjudicate on the constitutional validity of provisions under the Navy Act, such as Section 9, which pertains to the discharge of personnel.

This issue arose in a case involving a Navy officer who challenged their discharge following sex reassignment surgery, arguing that the Navy's regulations were unconstitutional for not recognizing transgender identities.

The Full Bench will also consider whether this principle extends to other tribunals.