• It says Parliament can restrict or abrogate, by law, FRs in the application to:
• Members of Armed forces, Paramilitary Forces, police forces, intelligence agencies and analogous forces.
• Forces charged with the maintenance of public order.

• Aim: To ensure the proper discharge of their duties and the maintenance of discipline among them.
• Parliamentary Authority: Parliamentary law enacted under Article 33 can also exclude the Court Martials (tribunals established under the Military law) from the writ jurisdiction of SC and HC, so far as enforcement of FR is concerned.
  • Power to make laws under Article 33 is conferred only on Parliament and not on state legislatures.
  • Any such law cannot be challenged in any court on the ground of contravention of any of the FR.
  • Parliament enacted various laws such as Army Act (1950), the Navy Act (1950), the Air Force Act (1950), the Police Forces Act, 1966, etc
    • These regulations curtail their freedom of expression, right to form associations or unions, engage in political activities, interact with the media, participate in public gatherings or demonstrations, etc
• Non-Combatant Employees: The expression ‘members of the armed forces’ also covers such employees of the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, and tailors who are non-combatants.

• When Martial Law is in force in any area within the territory of India, the FRs can be restricted.
• Indemnification and Immunity: It empowers the Parliament to indemnify any government servant or any other person for any act done by him.
  • The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of contravention of any of the FR.
• SC: declaration of martial law does not ipso facto result in the suspension of writ of habeas corpus.
• Concept of Martial Law: Borrowed from the English common law.
• Undefined: The expression ‘martial law’ has not been defined anywhere in the Constitution.
  • No specific or express provision in the Constitution that authorizes the executive to declare martial law, it is implicit in Article 34.

It lays down that the power to make laws, and to give effect to certain specified fundamental rights, shall vest only in the Parliament and not in the state legislatures.

• Ensures there is uniformity throughout India with regard to the nature of those FRs and punishment.
• Parliamentary Jurisdiction: Parliament shall have (and legislature of a state shall not have) power to make laws with respect to:
  • Article 16: Prescribing residence as a condition for certain employment or appointments.
  • Article 32: Empowering courts other than SC and HC to issue directions, orders and writs.
  • Article 33: Restricting or abrogating the application of FR to members of armed forces, police forces, etc.
  • Article 34: Indemnifying any government servant or any other person for any act done in martial law.
  • Legislative Authority Regarding Offenses: Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offenses under the FR. These include the following:

• Article 17: Untouchability.
• Article 23: Traffic in human beings and forced labour.

• Article 35 extends the competence of the Parliament to make a law on the matters specified above, although some of those matters may fall within the sphere of the state legislatures (State List).