What Is Constitution Of India Article 35?

Constitution Of India Article 35: Legislation To Give Effect To The Provisions Of This Part

Notwithstanding anything in this Constitution:

• Parliament shall have, and the Legislature of a State shall not have, power to make laws—
  • With respect to any of the matters which under clause (3) of Article 16, clause (3) of Article 32, Article 33, and Article 34 may be provided for by law made by Parliament.
  • For prescribing punishment for those acts which are declared to be offences under this Part. Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in this sub-clause.
• Any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) or providing for punishment for any act referred to in sub-clause (ii) shall, subject to Article 372, continue in force until altered, repealed, or amended by Parliament.

Explanation: In this article, the expression law in force has the same meaning as in Article 372.

Brief Detail

Article 35 vests exclusive legislative powers in Parliament for making laws related to specific provisions in Part III, including punishments for acts declared as offences under this Part. It ensures uniformity in legal measures for fundamental rights across the country.

Question

Q1: What is the significance of Article 35 in the Constitution?

A1: Article 35 empowers Parliament exclusively to legislate on certain matters concerning fundamental rights, ensuring consistency and uniformity in laws applicable across the nation.

Q2: Does Article 35 allow state legislatures to make laws on fundamental rights?

A2: No, Article 35 explicitly restricts state legislatures from making laws on specific matters related to fundamental rights. These powers are reserved for Parliament.

Example

Example: If a new law needs to be enacted prescribing penalties for human trafficking (prohibited under Article 23), Parliament is exclusively authorized to draft and enact such legislation under Article 35.

Summary

Article 35 centralizes legislative authority with Parliament for certain matters under Part III, ensuring the enforcement and protection of fundamental rights uniformly throughout India. It restricts state legislatures from intervening in these areas.