Article 33 of CoI : Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
CoI
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Explanation using Example
Example 1:
Scenario: A soldier in the Indian Army, Rajesh, posts a video on social media criticizing the government's defense policies.
Application of Article 33: Under Article 33, Parliament has the power to restrict certain fundamental rights for members of the Armed Forces to ensure discipline and proper discharge of duties. In this case, Rajesh's right to freedom of speech and expression (Article 19) can be legally restricted. The Army Act, 1950, which is a law made by Parliament, prohibits such actions by soldiers to maintain discipline and order within the armed forces. Therefore, Rajesh could face disciplinary action for his post.
Example 2:
Scenario: Priya, an officer in the Intelligence Bureau, is found sharing classified information with a journalist.
Application of Article 33: Article 33 allows Parliament to restrict the fundamental rights of persons employed in intelligence organizations to ensure the proper discharge of their duties. The Official Secrets Act, 1923, restricts the right to freedom of speech and expression (Article 19) for intelligence officers like Priya. Sharing classified information is a violation of this act, and Priya could be prosecuted and face severe penalties, including imprisonment, for her actions.
Example 3:
Scenario: A police officer, Anil, participates in a public protest against government policies during his off-duty hours.
Application of Article 33: Article 33 permits Parliament to restrict the rights of members of forces charged with maintaining public order, such as the police. The Police Forces (Restriction of Rights) Act, 1966, restricts the right to assemble peacefully and form associations (Article 19) for police officers to ensure discipline and prevent conflicts of interest. Anil's participation in the protest could be deemed a violation of this act, and he could face disciplinary measures, including suspension or dismissal from service.
Example 4:
Scenario: Sunita, an employee in the telecommunication department of the Border Security Force (BSF), leaks sensitive communication data to unauthorized persons.
Application of Article 33: Article 33 allows Parliament to restrict the rights of persons employed in telecommunication systems set up for forces like the BSF. The Telegraph Act, 1885, and other relevant laws restrict the right to privacy (Article 21) and freedom of speech and expression (Article 19) for such employees to protect national security. Sunita's actions would be a breach of these laws, and she could face legal action, including termination of employment and criminal charges.