Constitutional text

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) persons 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.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

The Constituent Assembly debated whether soldiers, paramilitary personnel, and intelligence officers should enjoy the same fundamental rights as civilians. The concern was that unrestricted rights for armed forces members could compromise national security and military discipline. A soldier who publicly criticised orders, or an intelligence officer who revealed classified operations citing freedom of speech, would undermine the functional requirements of their roles. The article was included as a limited exception, conditioned on Parliament passing specific legislation. Parliament subsequently enacted the Army Act 1950, the Navy Act 1957, the Air Force Act 1950, the Border Security Force Act, and related legislation. These laws restrict, among other things, the right of service personnel to form or participate in trade unions, to publicly comment on government policy, and to contest elections while in service.

Related articles

Last reviewed: 3 July 2026