Supreme Court Quashes Armed Forces Tribunal’s Order on Policy Formation, Affirms Limits of Judicial Authority

In a significant ruling today, the Supreme Court of India overturned a decision of the Armed Forces Tribunal, which had previously directed the formulation of a new policy for filling the post of Judge Advocate General (JAG) in the Air Force. The apex court, in its landmark judgment, reinforced the boundaries of judicial authority, especially in matters pertaining to policy formation and public service.

The bench, comprising Justices Abhay S. Oka and Sanjay Karol, addressed the appeal filed by the Union of India & Others against Air Commodore NK Sharma. The Tribunal’s earlier directive had allowed Sharma to continue serving beyond his superannuation age, pending the formulation and implementation of the new policy. This decision was challenged in the Supreme Court.

In its detailed judgment, the Supreme Court stated, “Making policy, as is well recognized, is not in the domain of the Judiciary.” This observation firmly establishes the principle that judicial bodies, including Tribunals, cannot overstep their legislative boundaries to direct the executive or legislative branches of the government in policy-making.

The Supreme Court further noted, “A court cannot direct for a legislation or a policy to be made,” citing precedent and emphasizing the separation of powers inherent in the Indian constitutional framework. This reinforces the court’s stance on maintaining the delicate balance of power among different branches of the government.

The judgment also delved into the specifics of the case involving Air Commodore Sharma, who had challenged the non-acceptance of his promotion to the rank of Air Vice Marshal. The Supreme Court found that the Tribunal’s decision to allow Sharma’s continuation in service was “sans basis” and went beyond the Tribunal’s jurisdiction.

Date of Decision: 14^th December 2023

UNION OF INDIA & ORS VS AIR COMMODORE NK SHARMA (17038) ADM/LGL