Friday, 3 June 2022

Provisions under Article 33-35 of the constitution

 Provisions under Article 33-35 of the constitution

By: Anjali Tiwari

Article 33: 

It gives Parliament the authority to limit or abolish the fundamental rights of "Members of the Armed Forces," paramilitary forces, police, intelligence organizations etc.”

The purpose of this rule is to guarantee that they carry out their responsibilities properly and maintain discipline among themselves.

Only Parliament, not state legislatures, has the authority to pass laws under Article 33.

Any law passed by Parliament that breaches one or more fundamental rights cannot be challenged in court.

Barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, and tailors are among the non-combatant employees of the armed services who are included in the term "members of the armed forces."

Article 34:

It stipulates that fundamental rights are restricted while martial law is in effect in any part of India's territory. The term 'martial law' does not have a definition in the Constitution, although it literally means 'military control.'

In exceptional circumstances, such as war, invasion, insurgency, rebellion, riot, or any violent resistance to the authority, martial law is enforced.

Article 34 of the Constitution authorizes the Parliament to indemnify (compensate) any government officer or other person for any act performed in connection with the maintenance or restoration of order in any territory where martial law was in effect.

The Parliamentary Act of Indemnity cannot be challenged in court on the grounds that it violates any of the fundamental rights.

Article 35: 

The power to establish laws and to give effect to certain defined fundamental rights vests solely in Parliament, not in state legislatures, according to Article 35.

Making Laws Powers of Parliament (Only):

Using residency as a criterion for employment or appointments in a state, UT, local, or other government agency.

Empowering courts other than the Supreme Court and the high courts to issue basic rights directives, orders, and writs.

Limiting or prohibiting the application of fundamental rights to personnel of the military forces, police forces, and other government agencies.

Indemnifying any government employee or other individual for any act committed while martial law was in effect in any area.

The Parliament has the authority to pass legislation imposing penalties for offences such as untouchability, human trafficking, and forced labour.

Article 35 enlarges Parliament's power to enact legislation on certain issues, including those that may fall under the jurisdiction of state legislatures (i.e., State List).

Conclusion

Despite having numerous exceptions and restrictions, as well as a lack of permanence, the Fundamental Rights are an important aspect of India's Constitution since they: offer vital circumstances for man's material and moral protection, as well as preserve the liberty of every individual. 

These rights safeguard the rights of minorities and the disadvantaged parts of society, while also bolstering India's image as a secular state.

By establishing the foundations of social equality and justice, they ensure that individuals are treated with dignity and respect.

Apart from these, Article 33 of the Constitution allows the state to ensure that those who provide state services, such as members of the armed forces, police forces, and others, do not fall behind on their obligations and use fundamental rights as an excuse by allowing the parliament to limit some of their fundamental rights. However, it has not given the parliament unrestricted control in this area. By allowing martial law to be implemented and establishing restrictions on people's fundamental rights, Article 34 goes a significant way toward ensuring that the state can recover sufficiently from hardship.


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