Under which article of the Constitution of India, can the Fundamental ...
Article 33 of the Constitution of India allows for the specific restriction of Fundamental Rights of members of the armed forces.
Explanation:
Fundamental Rights, as enshrined in Part III of the Constitution of India, are guaranteed to all citizens of India, including members of the armed forces. These rights include the right to equality, freedom of speech and expression, protection from discrimination, and the right to life and personal liberty, among others.
Article 33 provides an exception to the applicability of these Fundamental Rights to members of the armed forces. It states that Parliament has the power to restrict or modify these rights in relation to the armed forces. This means that certain Fundamental Rights can be curtailed or limited for members of the armed forces in the interest of discipline, efficiency, and operational readiness.
Key Points:
- Article 33 specifically allows for the restriction of Fundamental Rights of members of the armed forces.
- This provision is intended to ensure discipline, efficiency, and operational readiness within the armed forces.
- The restriction or modification of Fundamental Rights under Article 33 must be reasonable and in accordance with the principles of natural justice.
- The restrictions imposed should not violate the core principles of the Constitution, including the right to life and personal liberty.
- The power to restrict or modify Fundamental Rights of the armed forces lies with Parliament, and it can enact laws to that effect.
- The restrictions imposed on the Fundamental Rights of the armed forces should be in line with the overall objective of maintaining discipline and ensuring the effective functioning of the armed forces.
In conclusion, Article 33 of the Constitution of India allows for the specific restriction of Fundamental Rights of members of the armed forces in the interest of discipline, efficiency, and operational readiness. This provision ensures that the armed forces can carry out their duties effectively while balancing the rights of its members.