ARTICLE 35

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Article 35 gives Parliament the exclusive power to make laws relating to Articles 16 (3), 32 (3), 33 and 34. Further, this Article enables the Parliament to prescribe punishment to offences under the fundamental rights part.

What does Article 35 states ?

Legislation to give effect to the provisions of this Part 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 there of and to any adaptations and modifications that may be made therein under Article 372, continue in force until altered or repealed or amended by Parliament Explanation In this article, the expression law in force has the same meaning as in Article 372 PART IV DIRECTIVE PRINCIPLES OF STATE POLICY.
Provisions

In relation to the following topics, the Parliament shall have the authority to enact legislation but state legislatures shall not:

  • (a) The need of residency under Article 16 for specific jobs or appointments in states, union territories, local governments, or other authorities.
  • (b) Giving lower courts—courts other than the Supreme Court and the high courts—the authority to issue any writs, orders, and directives necessary to enforce basic rights (Article 32).
  • (c) Limiting or excluding members of the armed services, police, and other first responders from the application of the Fundamental Rights (Article 33).
  • (d) Providing insurance to any government employee or other individual for any actions taken when martial law was in effect (Article 34).

The legislature of a state will not have the authority to enact laws that specify punishment for activities that are recognized as violations of basic rights, and only the parliament will have this authority.
​​​​​​​The following are a few of these:

Any legislation that was in effect when the Constitution took effect and related to any of the aforementioned topics will remain in effect until it is changed, repealed, or amended by Parliament.

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