Article 35 of Constitution of India – Legislation to give effect to the provisions of this Part.
Article 35 of Constitution of India deals with Legislation to give effect to the provisions of this Part.
Original Text of Article 35 of Constitution of India
Notwithstanding anything in this Constitution
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws—
(i) 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; and
(ii) for prescribing punishment for those acts which are declared to be offences under this Part, and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);
(b) 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) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.
Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.
Questions related to Article 35 of Constitution of India
Article 35 specifies that only Parliament has the power to make laws on certain matters related to Fundamental Rights, especially those under Articles 16, 19, and 22 of the Constitution of India.
Article 35 ensures uniformity across India in the implementation of key Fundamental Rights. It avoids confusion by giving exclusive legislative power to Parliament over sensitive areas, as seen in cases on Indian Kanoon.
No, in the subjects covered under Article 35, only Parliament has the authority—even if the matter normally falls under the State List. This makes it unique among the Articles of Indian Constitution.
Parliament can make laws about restrictions on Fundamental Rights, preventive detention, and specifying conditions under which rights are exercised—key areas discussed in judgments available on Indian Kanoon.
You can explore Indian Kanoon to find relevant rulings and interpretations where Article 35 was discussed, especially in cases involving public employment, security laws, and preventive detention under the Constitution of India.
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