Article 33 of the Indian Constitution: Restriction of Fundamental Rights for Armed Forces

Article 33 of the Indian Constitution empowers the Parliament to restrict or abrogate the fundamental rights of members of the armed forces, paramilitary forces, police forces, intelligence agencies, and analogous forces. The primary objective of this provision is to ensure discipline and proper discharge of duties within these forces.

Table of Contents

1.     Introduction

2.     Provisions of Article 33

3.     Objectives of Article 33

4.     Scope of Article 33

5.     Relevant Case Laws

6.     Parliamentary Laws under Article 33

7.     Key Points

8.     MCQs for UPSC Exam

9.     FAQs on Article 33

Introduction

Article 33 is part of Part III of the Indian Constitution, which deals with fundamental rights. While fundamental rights are guaranteed to all citizens, Article 33 allows for specific restrictions on these rights for certain members to maintain discipline and ensure effective functioning.

Provisions of Article 33

• Empowerment of Parliament: Parliament is empowered to make laws that restrict or abrogate the fundamental rights of:
• Members of the Armed Forces
• Paramilitary Forces
• Police Forces
• Intelligence Agencies
• Any analogous forces
• Scope of Laws: These laws can restrict or abrogate any fundamental rights to ensure the proper discharge of duties and maintenance of discipline within these forces.
• Non-challengeable in Courts: Any law made by Parliament under Article 33 cannot be challenged in courts for violating fundamental rights.

Objectives of Article 33

• Discipline: Ensures that discipline within the armed forces and other related services is maintained.
• Effective Functioning: Guarantees that members of these forces can effectively perform their duties without the hindrance of certain fundamental rights.
• National Security: Protects national security by ensuring that the forces are not compromised due to the unrestricted exercise of fundamental rights.

Scope of Article 33

• Inclusion of Non-Combatants: The term “members of the armed forces” includes non-combatants such as barbers, carpenters, mechanics, cooks, janitors, bootmakers, and tailors.
• Exclusion of Court-Martials: Laws under Article 33 can also exclude court-martials from the writ jurisdiction of the Supreme Court and High Courts concerning the enforcement of fundamental rights.

Relevant Case Laws

Prithi Pal Singh Bedi vs Union of India (1982)

• Summary: This case emphasized the necessity of maintaining discipline in the armed forces and upheld the validity of Article 33 in restricting the fundamental rights of armed forces personnel.

R. Viswan vs Union of India (1983)

• Summary: The Supreme Court held that the restriction on fundamental rights under Article 33 is a reasonable restriction to maintain the discipline of armed forces and ensure national security.

Parliamentary Laws under Article 33

• Army Act, 1950: This act outlines the laws related to the regulation and governance of the Indian Army.
• Navy Act, 1957: This act pertains to the regulation of the Indian Navy.
• Air Force Act, 1950: This act deals with the laws governing the Indian Air Force.
• Police Act, 1861: Governs the police forces in India.
• Central Reserve Police Force Act, 1949: Pertains to the regulation of the CRPF.

Key Points

• Parliamentary Power: Only Parliament has the authority to restrict or abrogate fundamental rights under Article 33, not state legislatures.
• Broad Scope: The scope of Article 33 includes both combatants and non-combatants working for the armed forces.
• National Security and Discipline: The primary aim is to ensure national security and maintain discipline within the forces.
• Judicial Non-interference: Laws made under Article 33 are immune from judicial review regarding the violation of fundamental rights.

MCQs for UPSC Exam

Question 1

Which body is empowered to make laws restricting the fundamental rights of armed forces under Article 33?

a) State Legislature
b) Supreme Court
c) Parliament
d) President

Answer: c) Parliament

Question 2

What is the main purpose of Article 33?

a) To provide extra rights to armed forces
b) To restrict fundamental rights for discipline and effective functioning
c) To ensure higher salaries for armed forces
d) To give more power to state legislatures

Answer: b) To restrict fundamental rights for discipline and effective functioning

Question 3

Which of the following personnel are included under Article 33?

a) Combatants only
b) Non-combatants only
c) Both combatants and non-combatants
d) Civilians

Answer: c) Both combatants and non-combatants

Question 4

Which Act governs the Indian Army under the provisions of Article 33?

a) Police Act, 1861
b) Navy Act, 1957
c) Army Act, 1950
d) Air Force Act, 1950

Answer: c) Army Act, 1950

Question 5

Can laws made under Article 33 be challenged in courts for violating fundamental rights?

a) Yes
b) No
c) Only in the High Court
d) Only in the Supreme Court

Answer: b) No

Question 6

Which writ jurisdiction can be excluded by laws made under Article 33?

a) Civil Court
b) Supreme Court
c) High Court
d) Both Supreme Court and High Court

Answer: d) Both Supreme Court and High Court

Question 7

In which case did the Supreme Court uphold the validity of Article 33 for maintaining discipline in the armed forces?

a) Golaknath vs State of Punjab
b) Kesavananda Bharati vs State of Kerala
c) Prithi Pal Singh Bedi vs Union of India
d) Minerva Mills vs Union of India

Answer: c) Prithi Pal Singh Bedi vs Union of India

Question 8

Article 33 allows Parliament to make laws restricting the rights of members of:

a) Armed Forces
b) Paramilitary Forces
c) Intelligence Agencies
d) All of the above

Answer: d) All of the above

Question 9

Which article empowers the High Courts to issue writs?

a) Article 32
b) Article 44
c) Article 226
d) Article 245

Answer: c) Article 226

Question 10

Which is NOT an objective of Article 33?

a) Ensuring national security
b) Maintaining discipline in armed forces
c) Providing higher wages
d) Effective functioning of armed forces

Answer: c) Providing higher wages

FAQs on Article 33

What does Article 33 Say?

Article 33 of the Indian Constitution empowers Parliament to restrict or abrogate the fundamental rights of members of the armed forces, paramilitary forces, police forces, intelligence agencies, and analogous forces to ensure discipline and effective functioning.

Is Article 33 a fundamental right?

No, Article 33 itself is not a fundamental right. It allows for the restriction of fundamental rights for members of specific forces to maintain discipline and national security.

Why is Article 33 important?

Article 33 is crucial as it ensures that the armed forces and other related services can function effectively and maintain discipline, which is essential for national security.

Can State Legislatures make laws under Article 33?

No, only Parliament has the power to make laws under Article 33.

What are some laws made under Article 33?

Some laws made under Article 33 include the Army Act, 1950; Navy Act, 1957; Air Force Act, 1950; Police Act, 1861; and Central Reserve Police Force Act, 1949.

Can laws under Article 33 be challenged in court?

No, laws made under Article 33 cannot be challenged in courts for violating fundamental rights.

List of Relevant Articles and Case Laws

Articles

1.     Article 33: Restriction of fundamental rights for members of armed forces, etc.

2.     Article 226: Power of High Courts to issue writs.

3.     Article 32: Right to Constitutional Remedies.

Case Laws

1.     Prithi Pal Singh Bedi vs Union of India (1982): Upheld the necessity of maintaining discipline in the armed forces.

2.     R. Viswan vs Union of India (1983): Emphasized the reasonable restriction on fundamental rights for armed forces personnel.

This structured format provides a comprehensive understanding of Article 33, essential for UPSC exam preparation, along with relevant case laws, key points, and MCQs for practice.