Parliament may restrict or abrogate the Fundamental Rights of members of the armed forces, para-military forces and police by law under:

Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of members of the armed forces, para-military forces, police forces, intelligence agencies and similar forces, so that they discharge their duties properly and discipline is maintained.

Who is covered:

• Members of the Army, Navy and Air Force.
• Members of the forces charged with maintaining public order, such as the police and para-military forces.
• Persons employed in intelligence or counter-intelligence bodies.
• Persons employed in telecommunication systems set up for these forces.

Why the restriction is needed:

• These forces must maintain strict discipline and obedience.
• Rights such as forming unions, joining political parties or speaking to the press could weaken discipline and security.

Who can make such a law:

Only Parliament can make laws under Article 33. State legislatures cannot.

Such a law cannot be challenged in court on the ground that it violates Fundamental Rights.

Laws made under Article 33:

• The Army Act, 1950, the Navy Act, 1957 and the Air Force Act, 1950.
• The Police Forces (Restriction of Rights) Act.
• The laws governing the central armed police forces.
• These laws restrict rights such as freedom of speech, association and membership of political bodies.

Court martials:

The Constitution also excludes the courts and tribunals set up under laws relating to the armed forces from the supervisory jurisdiction of the High Courts.

Related Article:

Article 35 gives Parliament, and not the state legislatures, the power to make laws to give effect to certain Fundamental Rights.

Why not the other options?

• ✗Article 31 dealt with property and was repealed.
• ✗Article 35 deals with Parliament's power to legislate on certain Fundamental Rights.
• ✗Article 352 deals with National Emergency.