In this article, we will discuss other provisions of Fundamental Rights such as Article 33, Article 34 and Article 35 in a simple and easy way and try to understand its various important aspects.
Obviously, if everyone gets all the rights, then it will be difficult to run the system. If even a soldier is considered a murderer, then it is difficult to live in this world. So before starting, Remember here that;
This article is a continuation of the earlier articles on Fundamental Rights. So far we have understood Right to Equality, Right to Freedom, Right against Exploitation, Right to Religious Freedom, Rights related to culture and education and the right to constitutional remedies. If you haven’t understood it, then definitely understand it.
Other provisions of Fundamental Rights
However, mainly the Fundamental Right is only from Article 14 to Article 32. Some of its other important provisions have been discussed under Article 33, 34 and 35. Let’s see what it is-
Article 33 – Power of Parliament to modify the powers conferred by this Part in the application of forces etc.
There are some areas of the state where we cannot enforce fundamental rights, such as the military. If the Fundamental Rights will be implemented here in the same way, 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 do we die for the country when we have the right to live under Article 21. Think what will happen to the security of the country in such a situation. Keeping in mind that such a situation should not arise, the provision of Article 33 was made.
Article 33 empowers the Parliament to impose reasonable restrictions on the fundamental rights of the armed forces, para-military forces, police forces, intelligence agencies and others.
This is so that proper performance of their duties and discipline in them is ensured. Using this system, Parliament has enacted Military Act 1950, Navy Act 1950, Air Force Act 1950, Border Security Force Act etc.
Article 34 – Restriction on fundamental rights conferred by this part when military law is in force in any area
This article talks about restrictions on fundamental rights in unusual circumstances like the imposition of martial law. In other words, whenever martial law is in force anywhere in India, there can be a restriction on the fundamental rights under Article 34.
Martial law simply means taking the general administration under its control by the army. As soon as this happens, the ordinary law is completely abolished and the military administration gets some extraordinary powers. Such as giving death penalty to a citizen, etc.
Although martial law is not explained in the constitution, but it is understood to mean military rule.
Parliament may by law indemnify any person of the Union or any State service in respect of any act done in relation to the maintenance or restoration of order in an area subject to martial law. By the way, if you want to know the difference between martial law and national emergency; click here.
Article 35 – Legislation to give effect to provisions of this Part
Parliament alone shall have the power to (1) any of the matters for which Parliament may by law provide for under articles 16(3), 32(3), articles 33 and 34, and (2) such business for which has been declared to be an offense under this Part; Make a law for prescribing punishment.
That is to say, Article 35 only empowers the Parliament to make laws to give effect to certain Fundamental Rights. such as –
(a) To make arrangement of residence for any employment or appointment in the State, the Central or any authority. (Article 16(3) provides for this)
(b) To give this power to courts other than the Supreme and High Courts to issue writs for the implementation of Fundamental Rights. (Article 32(3) provides for this).
(c) Restrictions on the fundamental rights of members of the armed forces, police forces, etc. (Article 33 provides for this).
(d) to compensate any Government servant or other person for any act in the course of martial law in any area (which is part of article 34).
Similarly, Parliament will have the power to make laws to punish. Such as (a) for untouchability, which is mentioned in article 17 (b) for the prohibition of human trafficking and forced labour, which is mentioned in article 23.
Sometimes the Fundamental Rights alone do not work, then the Parliament has to make a separate law to give effect to that Fundamental Right.
For example, Article 23 prohibits human trafficking and forced labour. But the truth is that even today there is human trade and many people are still forced to do bonded labor.
This means that despite being a fundamental right, it did not end. People should take this seriously and follow it, that is why some laws were made in its support. Such as – Bonded Labor System (Repeal) Act 1976 , Equal Remuneration Act 1976 etc.
This right is not available to the State Legislature. Overall, this system ensures that the implementation of Fundamental Rights in India continues in a proper manner.
These were the other provisions of the Fundamental Rights i.e. Articles 33, 34 and 35, hopefully understandable. The links of other articles are given below also visit them.