Armed Forces And Fundamental Rights

  • Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces.
  • The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them.
  • The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures.
  • Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.
  • Accordingly, the Parliament has enacted
  1. The Army Act (1950),
  2. The Navy Act (1950), ....
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Indian Polity And Governance