Fundamental Rights of Armed Forces in India

Article 33 & 34 empower the Parliament to restrict, modify or abrogate the fundamental rights to the members of armed forces, para-military forces, police forces, members of intelligence agencies or similar services. This is required to make the proper discharge of their duties which are sensitive and urgent in nature. This power is available only with parliament and not state legislatures. Further, such an act cannot be challenged in a court on ground of its being of violative of fundamental rights. Further, court martial (tribunals under the military law) have been exempted from the writ jurisdiction of the Supreme Court and the high courts under article 33.

Using these powers, the parliament enacted various laws such as Army Act (1950), Navy Act (1950), Air Force Act (1950), Police Forces (Restriction of Rights) Act, 1966 etc.

Parliament has also the power to indemnify any person or the acts done by such person in the service of the State, if such acts are done by him during the enforcement of martial law in any area within the territory of India.