Article 35: Constitution of India 

Article 35: Constitution of India 

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Article 35: Legislation to Give Effect to the Provisions of this Part

⚖️ Bare Act Text

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and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

📜 Footnotes

1. Article 35 gives exclusive power to Parliament to make laws on certain matters relating to Fundamental Rights.
2. It covers areas mentioned in:
   • Article 16(3)
   • Article 32(3)
   • Article 33
   • Article 34
3. State legislatures are excluded from making laws on these subjects.
4. It ensures uniformity across India in matters affecting Fundamental Rights.

🧾 Simple Explanation

Article 35 means:

• Only Parliament can make laws related to certain Fundamental Rights matters
• States cannot legislate on these issues

It also ensures:

• Punishment is defined for violations of Fundamental Rights

📌 Key Features

• Exclusive legislative power of Parliament
• Prevents State interference in sensitive areas
• Ensures uniform national standards
• Covers enforcement and punishment aspects
• Linked with multiple Articles in Part III

⚖️ Important Case Laws

• Article 35 is generally applied in conjunction with other provisions; no major standalone case law, but its scope is understood through interpretation of Articles 16, 32, 33, and 34.

🧠 Illustrations

• Parliament making law restricting rights of armed forces → ✔️ Valid
• State making such law → ❌ Invalid
• Parliament prescribing punishment for forced labour → ✔️ Valid
• Different states creating conflicting laws → ❌ Prevented

📚 Practical Notes

• Article 35 ensures centralized control over key FR-related laws
• Important for maintaining uniformity and consistency
• Must be read with Articles 32–34
• Relevant in federal structure discussions
• Frequently asked in UPSC, Judiciary exams

❓ FAQs

Q. Who can make laws under Article 35?
✔️ Parliament only

Q. Can States legislate on these matters?
❌ No

Q. Why is this provision important?
To maintain uniformity across India

Q. Does it relate to Fundamental Rights?
✔️ Yes — directly connected to their enforcement

💬 Comments / Legal Insight

Article 35 reinforces the idea that certain aspects of Fundamental Rights require:

• National uniformity
• Centralized legislative control

It ensures that:

• Rights are not applied differently across States
• Sensitive matters like security, enforcement, and remedies remain consistent

This provision highlights the balance between:

• Federalism
• And national unity

Article 35: Constitution of India 

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