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THE CONSTITUTION OF INDIA
395 Articles, organised into 25 Parts and 12 Schedules, make up the Constitution of India

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Part III

Article 33

Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to,—

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or

(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or

(d) person 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.

Version

Article 26, Draft Constitution of India 1948

Parliament may by law determine to what extent any of the rights guaranteed in this Part shall in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

Version 2

Article 33, Constitution of India 1950

Parliament may by law determine to what extent any of the rights conferred by this Part shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

Summary

Draft Article 26 was discussed in the Constituent Assembly on 9 December 1948. It empowers Parliament to make laws that would restrict the application of fundamental rights to a specific category of people, including members of the Armed Forces and intelligence organisations.

There was no substantive debate around this article. The Chairman of the Drafting Committee moved a minor amendment to the language of the Article to bring it in conformity with the rest of Part III. The Assembly adopted the Draft Article with this single, minor amendment on 9 December 1948.