Article 33 of the Indian Constitution: UPSC 2025 Polity Notes

Actual Article

Article 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:

1. The members of the Armed Forces; or
2. The members of the Forces charged with the maintenance of public order; or
3. Persons employed in any bureau or other organization established by the State for purposes of intelligence or counter-intelligence; or
4. Persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau, or organization referred to in clauses (1) to (3), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

UPSC Notes for Article 33

• Purpose: Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of certain categories of public servants, including members of the Armed Forces, paramilitary forces, intelligence agencies, and telecommunications personnel associated with these forces.
• Reason for Restrictions: These restrictions are necessary to ensure proper discharge of duties, maintain discipline, and secure the functioning of these critical services, which are vital for national security and public order.
• Scope of Restrictions: The restrictions under Article 33 are not arbitrary but are meant to balance individual rights with the demands of duty and discipline required in the forces.

Important Cases Related to Article 33

1. R. Viswan v. Union of India (1983): The Supreme Court upheld the restrictions on the Fundamental Rights of armed forces personnel, emphasizing that such restrictions are crucial for maintaining discipline and ensuring national security.
2. Prithi Pal Singh Bedi v. Union of India (1982): This case reinforced the principle that Parliament has the power to restrict or abrogate the Fundamental Rights of the armed forces to ensure the proper discharge of their duties.
3. Ex-Armymen’s Protection Services Pvt. Ltd. v. Union of India (2014): The Supreme Court discussed the permissible extent of restrictions under Article 33, highlighting that these must align with the need to maintain discipline and ensure the proper discharge of duties in the forces.

Important Reports Related to Article 33

• Second Administrative Reforms Commission Report (2009): The report discusses the role of various services in maintaining public order and the necessity of certain restrictions on their Fundamental Rights to ensure effective functioning and discipline.
• National Security and Law Commission Reports: Various reports have emphasized the balance between individual rights and national security requirements, recommending appropriate measures under Article 33 to maintain this balance.

Additional Insights

• Balancing Act: Article 33 reflects the delicate balance between individual rights and collective security. While Fundamental Rights are essential, the nature of certain duties requires specific limitations to uphold discipline and effectiveness.
• Parliament’s Authority: The article empowers Parliament to legislate the extent and manner of restrictions, ensuring that such decisions are made through a democratic process and not arbitrarily imposed.
• Judicial Review: The courts have generally upheld the restrictions under Article 33, provided they are reasonable and necessary for maintaining discipline and ensuring the proper functioning of the forces.

Previous Year Prelims Questions Related to Article 33

1. UPSC Prelims 2016: With reference to the Indian Constitution, consider the following statements:

• (1) Article 33 allows Parliament to restrict or abrogate the application of Fundamental Rights to the Armed Forces.
• (2) The restrictions under Article 33 can be applied to intelligence agencies as well. Which of the statements given above is/are correct?
• (a) 1 only
• (b) 2 only
• (c) Both 1 and 2
• (d) Neither 1 nor 2 Answer: (c) Both 1 and 2

1. UPSC Prelims 2018: Which one of the following statements is correct regarding Article 33 of the Indian Constitution?

• (a) It provides for the application of Fundamental Rights to all citizens without any restrictions.
• (b) It empowers the Parliament to restrict the Fundamental Rights of certain categories of public servants.
• (c) It allows the judiciary to impose restrictions on Fundamental Rights.
• (d) It mandates that no Fundamental Rights can be restricted for any reason. Answer: (b) It empowers the Parliament to restrict the Fundamental Rights of certain categories of public servants.

Previous Year Mains Questions Related to Article 33

1. UPSC Mains 2015: Discuss the significance of Article 33 in maintaining the balance between individual rights and the requirements of public order and national security. How does this article empower Parliament to ensure discipline within the armed forces and other critical services? (15 marks)
2. UPSC Mains 2018: Analyze the implications of Article 33 on the Fundamental Rights of armed forces and paramilitary personnel. How has the judiciary interpreted the extent and limitations of these restrictions? (10 marks)

By thoroughly understanding Article 33, including its provisions, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can gain a comprehensive understanding of how the Constitution balances the protection of Fundamental Rights with the needs of national security and public order, ensuring the effective functioning of the armed forces and other critical services.