Answer By law4u team
Constitution Of India Article 33: Power Of Parliament To Modify The Rights Conferred By This Part
- 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 organisation established by the State for purposes of intelligence or counterintelligence; or
- (d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation 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.
NOTE
1. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 6 (w.e.f. 1-2-1977).
2. Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33
(w.e.f. 11-9-1984).
Brief Detail
Article 33 empowers Parliament to make laws restricting or modifying the application of fundamental rights for certain categories of individuals, such as members of the Armed Forces, police forces, intelligence bureaus, or telecommunication systems linked to these entities. This provision ensures the discipline and proper discharge of duties by these individuals.
Question
Q1: Why does Article 33 allow the restriction of fundamental rights?
A1: Article 33 permits the restriction of fundamental rights to maintain discipline and ensure the proper discharge of duties among members of the Armed Forces, police, intelligence bureaus, and related organisations.
Q2: Who is affected by the provisions of Article 33?
A2: Members of the Armed Forces, police forces maintaining public order, employees of intelligence or counterintelligence bureaus, and telecommunication systems linked to these organisations are affected by Article 33.
Example
Example: The Parliament may pass a law limiting the right to form unions or associations for members of the Armed Forces to maintain discipline and efficiency within the organisation.
Summary
Article 33 empowers Parliament to modify the application of fundamental rights for specific groups, such as Armed Forces and intelligence personnel, ensuring the maintenance of discipline and the efficient performance of duties, which are essential for national security and public order.
