Article 33 Modification of application of rights

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 organisation established by the State for purposes of intelligence or counterintelligence; or
4. persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, Bureau or Organisation referred to in clauses (a) to (c), be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

Features of the article

• Provision: It grants Parliament the authority to limit or revoke the fundamental rights of members of the armed forces, paramilitary forces, police forces, intelligence agencies, and similar organizations. 
• Objective: Its aims to ensure the proper discharge of duties and the maintenance of discipline among these forces. 
• Empowers Parliament: Only Parliament is granted the authority to legislate under Article 33, with state legislatures lacking these powers. 
• Outside scope of Judicial review: Any legislation passed by Parliament under this provision cannot be contested in any court on the basis of violating fundamental rights.
• Legislation: In line with the powers given by this article, Parliament has enacted laws such as the Army Act (1950), the Navy Act (1950), and the Air Force Act (1950).
• Coverage: The term ‘members of the armed forces’ also includes non-combatant personnel such as barbers, carpenters, mechanics, cooks, guards, bootmakers, and tailors.

Article 34: Restrictions on Fundamental Rights During Martial Law in India

Provision under article: This article allows for the imposition of restrictions on fundamental rights when martial law is declared in any region of India. 

• Indemnify acts: The constitution allows Parliament to indemnify government officials or other individuals for actions taken while martial law is in effect, provided these actions are related to maintaining or restoring order in a given area. 
• Validate acts: The constitution empowers Parliament to validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such an area. 
• Source: It has its origins in English common law.

Martial Law in India

• Definition: The term ‘martial law’ has not been defined in the constitution. Literally it means ‘military rule’. 
• Implication: The civil administration is controlled by military officials. Standard laws are halted in the region, and governance is conducted by military leaders following their own guidelines and regulations. 

• Imposition: The martial law is imposed under extraordinary circumstances like: War, Invasion, Insurrection, Rebellion, riot or any violent resistance to law. 

• Abnormal powers: During martial law, the military authorities are vested with abnormal powers to: Take all necessary steps and impose restrictions and regulations on the rights of the civilians, punish the civilians and condemn them to death if such need arises. 
• Reason: It aims to repel force by force for maintaining or restoring order in the society. 
• Constitutional provision: The constitution does not contain any explicit provision that gives the executive the power to announce martial law. Nonetheless, it is implied in Article 34 that martial law may be proclaimed in any region within India’s territory. 
• SC verdict: The Supreme Court held that Habeas Corpus is not suspended when martial law is in force.

Here, it should be noted that the declaration of a martial law under Article 34 is different from the declaration of a national emergency under Article 352.