Q. With reference to the Article 33 of the Constitution, consider the following statements:
1. It deals with the restriction of fundamental rights of both combatant and noncombatant members of armed forces.
2. Only Parliament has the power to make laws under Article 33.
3. The laws made under this article cannot be challenged in any court of law on the ground of contravention of any of the fundamental rights.
How many statements given above are correct?
Exp) Option c is the correct answer
Statement 1 is correct. Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies and analogous forces. The expression ‘members of the armed forces’ also covers such employees of the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, tailors who are non-combatants.
Statement 2 is correct. The power to make laws under Article 33 is conferred only on Parliament and not on state legislatures. Accordingly, the Parliament has enacted the Army Act (1950), the Navy Act (1950), the Air Force Act (1950), the Police Forces (Restriction of Rights) Act, 1966, the Border Security Force Act and so on.
Statement 3 is correct. Any law made by Parliament under Article 33 cannot be challenged in any court on the ground of contravention of any of the fundamental rights. A parliamentary law can also exclude the court martial from the writ jurisdiction of the Supreme Court and the high courts, so far as the enforcement of Fundamental Rights is concerned.
