Application of Fundamental Rights to the Armed Forces (Article 33)
Indian Polity › Fundamental Rights · Topic 6.11
Article 33 empowers Parliament alone to restrict or abrogate the Fundamental Rights of the armed forces, para-military forces, police, intelligence agencies and analogous forces, to ensure discipline. Such laws cannot be challenged for violating rights.
5 min read · UPSC Prelims · Polity · Fundamental Rights
At a Glance
- What it is Parliament’s power to restrict or abrogate Fundamental Rights of the armed forces and similar forces
- Article Article 33
- Who can make the law Parliament only, not state legislatures
- Aim Proper discharge of duties and maintenance of discipline
- Exam link UPSC Prelims, Polity: Fundamental Rights
Where Does It Fit?
This is the eleventh topic of the category on Fundamental Rights. Article 33 is one of the express exceptions to the rights. It recognises that forces which must keep strict discipline cannot enjoy every freedom in the same way as ordinary citizens.
What Does Article 33 Provide?
Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of the members of the armed forces, para-military forces, police forces, intelligence agencies and analogous forces. The objective is to ensure the proper discharge of their duties and the maintenance of discipline among them.
The power to make laws under Article 33 is conferred only on Parliament and not on the state legislatures. Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the Fundamental Rights.
Which Laws Have Been Made?
Parliament has enacted the Army Act (1950), the Navy Act (1950), the Air Force Act (1950), the Police Forces (Restriction of Rights) Act, 1966, the Border Security Force Act and similar laws. They impose restrictions on the freedom of speech, the right to form associations, the right to be members of trade unions or political associations, the right to communicate with the press and the right to attend public meetings or demonstrations.
| Right restricted | Example |
|---|---|
| Freedom of speech | Limits on public expression by members of the forces |
| Association | Bar on forming associations or joining trade unions or political associations |
| Communication with the press | Restricted by the laws governing the forces |
| Public meetings and demonstrations | Right to attend is restricted |
Who Is Covered and What Else Can Be Excluded?
The expression “members of the armed forces” also covers non-combatant employees of the armed forces such as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers and tailors. A law under Article 33 can also exclude courts martial, the tribunals established under military law, from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of Fundamental Rights is concerned. Article 35 says that laws under Article 33 can be made only by Parliament, to ensure uniformity across the country.
Limits on the Fundamental Rights at a Glance
| Limit | Provision |
|---|---|
| National Emergency | Rights can be suspended, except those in Articles 20 and 21; the six freedoms of Article 19 are suspended automatically only in an external emergency (war or external aggression) |
| Articles 31A, 31B, 31C | Limit the scope of the rights by saving certain laws |
| Article 33 | Parliament can restrict or abrogate the rights of armed forces, police and similar forces |
| Article 34 | Rights can be restricted while martial law is in force in an area |
| Article 35 | Only Parliament can make laws to give effect to certain rights |
Article 33 is therefore one of several constitutional limits on the application of the Fundamental Rights.
Why Is This Topic Important?
- Express exception Article 33 is a named exception to the rights
- Parliament only The point that states cannot legislate on it is frequently asked
- Link with Article 34 The two Articles are often asked together
What Came Next?
The next topic covers Article 34 on martial law, and Article 35 on laws to give effect to certain Fundamental Rights.
Key People and Terms
- Abrogate To cancel or remove a right entirely
- Para-military forces Forces organised on military lines, such as the Border Security Force
- Court martial A tribunal under military law
- Analogous forces Forces similar to armed or police forces
- Article 35 Gives Parliament alone power to make laws under Articles 16, 32, 33 and 34
Exam Corner
Points to Remember
- Article 33: Parliament only.
- Covers armed, para-military, police forces, intelligence agencies and analogous forces.
- A law under Article 33 cannot be challenged for violating Fundamental Rights.
- Courts martial can be kept out of the writ jurisdiction.
Do Not Confuse With
- Article 33 and Article 34 Article 33 is about forces; Article 34 is about martial law in an area
- Restrict and abrogate Restrict limits a right; abrogate removes it
- Parliament and state legislatures Only Parliament can make laws under Article 33
Memory Hook
Thirty-three keeps the forces in step: Parliament alone can trim their rights for discipline.
Mains Angle
Questions on this topic usually ask why rights of the forces are restricted. Use these points to add depth.
- Discipline Article 33 aims at proper discharge of duties and discipline
- Parliament alone Only Parliament can legislate, which keeps uniformity
- Statutes The Army, Navy, Air Force and Police Forces Acts give effect to it
- Judicial limit Laws under it cannot be challenged for violating rights
A Question You May Face
An original practice question, not a past paper question.
“Why does the Constitution allow Parliament to restrict the Fundamental Rights of the armed forces? Discuss with reference to Article 33.”
How to Answer
- Introduction Article 33 and its objective.
- Scope Forces covered and rights restricted.
- Laws Army, Navy, Air Force and Police Forces Acts.
- Conclusion Discipline and national security balanced with rights.
GS Relevance
Frequently Asked Questions
What does Article 33 of the Constitution say?
Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of members of the armed forces, para-military forces, police forces, intelligence agencies and analogous forces, to ensure proper discharge of their duties and maintenance of discipline.
Who can make a law under Article 33?
Only Parliament can make a law under Article 33. State legislatures cannot. A law made by Parliament under it cannot be challenged in any court on the ground that it contravenes a Fundamental Right, so the restriction is final.
Which Acts restrict rights of the forces?
The Army Act 1950, the Navy Act 1950, the Air Force Act 1950, the Police Forces (Restriction of Rights) Act 1966 and the Border Security Force Act, among others. They restrict speech, association, trade union membership, contact with the press and attendance at public meetings or demonstrations.
Are non-combatant employees covered by Article 33?
Yes. The expression members of the armed forces also covers non-combatant employees of the armed forces such as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers and tailors, so the restrictions can apply to them also, and not only to combatant soldiers.
Can courts martial be excluded from writ jurisdiction?
Yes. A parliamentary law under Article 33 can exclude courts martial, the tribunals established under military law, from the writ jurisdiction of the Supreme Court and the high courts for enforcement of Fundamental Rights. This is part of the Article 33 power.
PYQ Practice — Statement Analysis
1 State legislatures can make laws restricting Fundamental Rights of police forces under Article 33.
Only Parliament can.
2 Article 33 covers intelligence agencies.
Along with armed, para-military and police forces.
3 A law made under Article 33 can be challenged for violating Fundamental Rights.
It cannot be challenged on that ground.
4 The Army Act, 1950 gives effect to Article 33.
Along with the Navy and Air Force Acts.
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