What does Article 33 Say?

According to Article 33 of the Constitution, Parliament may pass laws defining the scope to which any rights granted by Part III of the Constitution may be restricted or waived about members of the armed forces or of the forces responsible for maintaining public order to ensure the proper performance of their duties and the preservation of discipline within them.

What is Article 33?

This rule is intended to ensure that they carry out their duties effectively and uphold discipline within the group. Under Article 33, only Parliament, not state legislatures, has the authority to enact legislation. Any measure passed by Parliament that infringes on one or more basic 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, chowkidars, bootmakers, and tailors.

A parliamentary law promulgated by Article 33 may also exclude the court-martial (tribunals established under military law) from the Supreme Court's and the high courts' writ jurisdiction about the fulfillment of Fundamental Rights. To ensure the fulfillment of their duties and the upkeep of discipline, it allows Parliament the authority to restrict or eliminate the FRs of members of the armed services, paramilitary forces, police forces, intelligence agencies, and others.

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FAQs

  • The fundamental rights of "Members of the Armed Forces," paramilitary forces, police forces, intelligence services, and comparable forces may be limited or suspended under this law.

  • According to Article 33 of the Constitution, Parliament has the authority to enact legislation establishing the extent to which any rights guaranteed by Part III of the Constitution may be curtailed or waived with regard to people who serve in the armed services.

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