This article is a compilation of Article 33 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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article 33
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Article 33

📜 Article 33

1[33. Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.—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 counter intelligence; or
(d) person 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.]
1. Subs. by the Constitution (Fiftieth Amendment) Act, 1984, s. 2, for art. 33 (w.e.f. 11-9-1984).

🔍 Explanation

Part 3 of the constitution deals with fundamental rights. This part extends from Articles 12 to 35. Article 12 defines the State and Article 13 defines the law.

From Article 14 to Article 32 all the rights are compiled. Articles 33, 34 and 35 are special provisions which deal with certain exceptions. In this article we are going to understand Article 33;

⚫ Article-34 – Indian Constitution
⚫ Article-35 – Indian Constitution


Article 33 – Power of Parliament to modify the rights conferred by Part III of the Constitution in their application to the forces, etc.

There are some areas of the state where we cannot enforce fundamental rights as it is, such as the armed forces.

Obviously, if the fundamental rights are implemented there as well, then it will become a bunch of citizens where everyone will fight for their rights.

In such a situation one can also say that why should we die for the country while we have the right to live under Article 21. Keeping in mind that such a situation should not arise, the provision of Article 33 was made.

Article 33 empowers the Parliament to make reasonable restrictions on the fundamental rights of the armed forces, paramilitary forces, police forces, intelligence agencies and others. Restriction).

This is so that proper performance of their duties and maintaining discipline in them is ensured. Remember here that by the 50th Constitutional Amendment Act 1984, Article 33 was expanded to include members of Intelligence, Telecommunication and Para Military.

◾ Using this arrangement of this article, Parliament has made  Military Act 1950 , Navy Act 1950 ,  Air Force Act 1950 , Border Security Force Act 1968 , Police Force (Prohibition on Rights) Act 1966 etc.

Overall, this article gives the Parliament unlimited power to impose restrictions on the fundamental rights with respect to the members of the armed forces or the police.

Therefore, no provision of the Army Act can be called in question on the ground that they violate any of the Part III fundamental rights. such as freedom of association.

Further, under the powers conferred by Article 33, there is the power to withdraw the recognition of an association of police personnel which was earlier recognised.

things to remember;

Under Article 33, only the Parliament has the right to make laws, not the State Legislature.

This article refers to “members of the military or armed forces”. So the members of the armed forces include army barbers, carpenters, cooks, watchmen and tailors, etc.

Generally, an application can be made to the Supreme Court or the High Court under Article 32 or 226 on the violation of all types of fundamental rights. But courts martial (which are tribunals established under military law) are excluded from the writ jurisdiction of the Supreme Court and the High Courts.

So overall this is Article 33, I hope you have understood. To understand other article, you can use the link given below.

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Basics of Parliament
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Basics of Parliament
Fundamental Rights
Judiciary in India
Executive in India
Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.