← Back to Subjects

Articles 33-35: Armed Forces & Martial Law

Articles 33 to 35 represent unique constitutional exceptions, allowing the Parliament to limit Part III in specific national interests.

1. Article 33: Power of Parliament to Modify Rights

Article 33 gives exclusive power to Parliament to restrict or abrogate the Fundamental Rights of:

  • Members of the Armed Forces.
  • Members of the Paramilitary Forces or Police Forces.
  • Persons employed in intelligence or counter-intelligence bureaus.
  • Persons employed in telecommunication systems set up for these forces.
The objective is to ensure the proper discharge of their duties and maintain strict discipline. These parliamentary acts cannot be challenged in courts for violating fundamental rights.

2. Article 34: Restrictions on Rights during Martial Law

Allows Parliament to restrict fundamental rights while Martial Law (military rule) is in force in any area within India, and pass an Indemnity Act to protect officers from legal actions for steps taken to maintain order.

3. Article 35: Legislation to Give Effect to Part III

Article 35 declares that only Parliament (and not State Legislatures) has the power to make laws prescribing punishments for offenses against Part III (such as practicing untouchability under Article 17, or forced labor under Article 23), ensuring uniform criminal rules across India.