Article 33 gives the Parliament the authority to limit or abolish the fundamental rights of members of the armed forces, paramilitary forces, police forces, intelligence agencies, and similar forces. The purpose of this provision is to ensure that they carry out their duties properly and that they maintain discipline among themselves.

Provisions of Article 33

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to forces-

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or

(c) persons employed in any bureau or other organization established by the State for purposes of intelligence or counter intelligence; or

(d) the person employed in, or in connection with, the telecommunication systems set up for any Force, bureau, or organization referred to in clauses (a) to (c), be restricted or abrogated to ensure the proper discharge of their duties and the maintenance of discipline among them.

Features Of Article 33 Of the Indian Constitution

1. The intention behind this rule is to ensure that they effectively perform their duties and maintain discipline within the group.
2. Article 33 grants legislative authority to Parliament alone, not to state legislatures.
3. Any measure or act passed by Parliament that infringes on one or more basic rights cannot be legally challenged.
4. The term “members of the armed forces” includes non-combatants who work for the military, such as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, and tailors.

Restrictions Under Article 33

1. A select limited basic rights, as outlined in Articles 14, 15, and 19 of the Constitution, have been restricted by the Armed Forces.
2. Provisions of special acts (Army, Air Force, Navy Act) can’t be challenged for violating fundamental rights under Article 33.
3. Members of the police and paramilitary forces, individuals working for intelligence or counterintelligence agencies, and communication networks established for the mentioned organizations have had these rights withheld, in addition to the three branches of the armed forces.
4. The Central Government has restricted the freedoms of speech and expression, assembly, and the formation of organizations and unions guaranteed by Article 19 of the Constitution by using its rule-making authority under the Army Act of 1950 (as well as the Air Force Act).
5. Parliament accomplished this regarding the Navy through the implementation of Section 12 of the Navy Act.
6. The Supreme Court has ruled that even military personnel serving in non-combat capacities can have these rights restricted.

Amendment Related To Article 33

• Article 33 pertains to fundamental rights of armed forces.
• Parliament limits rights of military personnel and peacekeepers.
• Army personnel still retain constitutional rights.
• Article 33 ensures discipline and order.
• Balances security with individual rights.

Reasons for Restricting Fundamental Rights of the Armed Forces

1. Parliament imposed these limits due to their vital role in safeguarding sovereignty, maintaining peace, and fostering discipline.
2. This is to ensure effective and unbiased task execution, as certain rights like freedom of speech might hinder their duties.

Armed Forces And FR., Armed Forces And FR

Read Also: Right To Constitutional Remedies (Article 32)