Article 33
- January 15, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
No Comments
Article 33
Subject: Polity
Context: The Supreme Court on Wednesday issued notice on Centre’s application for clarification that its 2018 judgment decriminalising adultery under IPC should not apply to the Armed Forces where personnel can be cashiered from service on grounds of “unbecoming conduct” for committing adultery with a colleague’s wife.
Concept:
- The Court decriminalised adultery, striking down Section 497 of the Indian Penal Code, 1860 (IPC) in Joseph Sine judgement in 2018.
- On the other hand, The Armed Forces Act, there is provision of ‘unbecoming conduct’ under which one can be court martialled and adultery falls under ‘unbecoming conduct’.
- The centre says it may create instability in armed forces as defence forces are mostly separated from families due to nature of duty.
- The Centre pointed to the court that the application of fundamental rights to members of armed forces is restricted as per Article 33 of the Constitution.
- Matter has been referred to a constitutional bench with two main question:
- Whether the persons subject to Army Act, by virtue of Article 33 of Constitution of India being a distinct class should continue to be subject to the section 497 by making an exception.
- If Adulterous acts by persons subject to Army Act should be allowed to be governed by the provisions of Army Act Section 45 or Army Act Section 63 and under corresponding provisions of Navy Act and Air Force Act by treating it as an abrogation of Fundamental Rights provided by law in terms of Article 33 of the Constitution of India.
About Article 33:
- It empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, police forces, intelligence agencies (include employees who are non-combatants), for proper discharge of their duties and the maintenance of discipline.
- Under the law, only Parliament can make laws to give the effect to them(and not states), it cannot be challenged on violation of any of the fundamental rights.
- A parliamentary law enacted under Article 33 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.