Article 33 of Constitution of India – Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
Article 33 of Constitution of India deals with Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
Original Text of Article 33 of Constitution of India
Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,—
(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) person employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organization referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
Questions related to Article 33 of Constitution of India
Article 33 empowers Parliament to restrict or modify the Fundamental Rights of members of the armed forces, police, or other forces responsible for maintaining public order to ensure proper discipline and duty under the Constitution of India.
No, Article 33 specifically applies to members of armed forces, paramilitary forces, intelligence agencies, and police services. It does not apply to the general public or civilians under the Articles of Indian Constitution.
The idea is to maintain discipline, national security, and operational efficiency. Absolute rights could interfere with duties in sensitive roles, which is why Article 33 provides this exception in the Indian Constitution.
While courts generally uphold laws made under Article 33, judicial review is still possible if the restrictions are arbitrary or not in line with constitutional principles. You can find such cases on Indian Kanoon.
Visit Indian Kanoon to explore how courts have interpreted Article 33—especially in cases involving military service conditions and limitations on rights like free speech or association under the Constitution of India.
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