Section 137: Challenges by accused of membership of court-martial
(1) An accused about to be tried by a court-martial shall be entitled to object, on any reasonable grounds, to any member of the court-martial or the waiting member whether appointed originally or in lieu of another officer.
(2)
For the purpose of enabling the accused to avail himself of the right conferred by subsection (1) of this section, the names of the members of the court-martial and the waiting member shall be read over in the presence of the accused before they are sworn, and the accused shall be asked whether he objects to any of those officers.
(3) An objection made by an accused to an officer shall be considered by the other officers appointed members of the court-martial.
(4) If objection is made to the President of the court-martial and not less than one-third of the other members of the court-martial allow it, the court-martial shall adjourn and the convening officer shall appoint another President.
(5) If objection is made to a member of the court-martial, other than the President of the court-martial and not less than one half of the members entitled to vote allow it, the member objected to shall retire and the vacancy may, and if the number of members would be reduced below the legal minimum, shall, be filled in the prescribed manner by another suitable officer and in such a way always as to ensure that the membership is not reduced below the legal minimum.
Cite this section
Section 137, ARMED FORCES ACT (1994).
https://repo.podus.ai/laws/armed-forces-act/section/137/