Article 33 – Indian Polity Notes

Article 33 gives Parliament the authority to limit or abolish the fundamental rights of "Members of the Armed Forces," paramilitary forces, police entities, intelligence organisations, and similar forces. The UPSC Indian Polity and Governance Syllabus includes Article 33 which is described in this article.

What is Article 33?

• Article 33: It gives Parliament the authority to limit or eliminate the fundamental rights of "Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and equivalent forces."
• The purpose of this rule is to guarantee that they carry out their responsibilities properly and maintain discipline among themselves.
• Only Parliament, not state legislatures, have the ability to pass laws under Article 33.
• Any law passed by Parliament cannot be challenged in court because it violates one or more of the fundamental rights.
• Non-combatant employees of the armed forces, such as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, and tailors, are included in the term "members of the armed forces."

Conclusion

• It gives Parliament the ability to limit or abolish the FRs of members of the armed services, paramilitary forces, police forces, intelligence agencies, and others (including non-combatants) in order to ensure the performance of their responsibilities and the maintenance of discipline. Only Parliament has the authority to establish legislation to give effect to them (Article 19), and it cannot be challenged on the basis of a breach of any of the fundamental rights.
• In terms of the implementation of Fundamental Rights, a parliamentary law issued under Article 33 can also exclude the court-martial (tribunals formed under military law) from the writ jurisdiction of the Supreme Court and the high courts.

FAQs

MCQs

Question: Which among the following authorities decides , how far the fundamental rights can apply to the members of the armed forces in India?

(a) Armed Forces themselves

(b) President of India

(c) Parliament of India

(d) Armed Forces Tribunal

Question: Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of which of the following forces.

1. Armed Forces
2. paramilitary forces
3. police forces,
4. Intelligence agencies

Select the correct answer

(a) 1 and 2 only

(b) 3 and 4 only

(c) 1, 2 and 3

(d) All of the above