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What does Article 33 Say?

By BYJU'S Exam Prep

Updated on: November 9th, 2023

According to Article 33 of Indian Constitution, Parliament can abolish or limit the fundamental rights of the members of the armed forces. This can include paramilitary forces, police forces, intelligence agencies, and equivalent forces. The purpose of Article 33 is to ensure that the armed forces maintain discipline among themselves and carry out their responsibilities properly.

Article 33 of Indian Constitution

The purpose of this rule is to ensure that the armed forces perform their duties effectively and maintain discipline within the group. Under Article 33, only the Parliament, not the State Legislatures, have the power to make laws.

  • Any remedy passed by the Parliament which violates one or more of the Fundamental Rights cannot be challenged in court.
  • The term “members of the armed forces” includes non-combatants who work for the military, such as barbers, carpenters, mechanics, cooks, janitors, bootmakers, and tailors.
  • A parliamentary law promulgated by Article 33 can also exclude court-martials (tribunals established under military law) from the writ jurisdiction of the Supreme Court and High Courts regarding the fulfillment of fundamental rights.
  • In order to ensure the fulfillment of its duties and the maintenance of discipline, it allows Parliament to prohibit or abolish the FRs of members of the armed services, paramilitary forces, police forces, intelligence agencies, and others.

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