Article 35 of Indian Constitution: Legislation to give effect to provisions of Part 3

Article 35 of Indian Constitution grants the Parliament the authority to make laws necessary for implementing the provisions of Part III, which deals with Fundamental Rights. It confers upon Parliament the exclusive power to legislate on specific fundamental rights, especially those mentioned in Articles 16(3), 32(3), 33, and 34. It enables Parliament to pass laws that ensure the enforcement and protection of the rights. It also maintains the validity of any laws that were in effect prior to the Constitution's commencement concerning matters addressed by Article 35(a), until such laws are altered or repealed by Parliament. Explore other important Constitutional Articles.

Article 35 of Indian Constitution

Legislation to give effect to the provisions of this Part 

Notwithstanding anything in this Constitution —

1. 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) 

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to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.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

Note: “The information on Article 35 of Indian Constitution provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

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Article 35 of Indian Constitution empowers the Parliament with the authority to make laws essential for the enforcement of fundamental rights under Part III. This ensures these rights are not just declared but are also protected and implemented across India. Article 35 of Constitution highlights the necessity for legislative measures to uphold and protect these rights. Article 35 of Indian Constitution highlights the necessity for legislative action to enforce the fundamental rights mentioned in Part III of the Constitution.

Article 35 (a) of Indian Constitution includes -

1. It empowers Parliament to legislate on issues particularly in Articles 16 (3), 32 (3), 33 and 34 which address conditions for government employment, extending Supreme Court powers to other courts and regulating fundamental rights for armed forces and police.
2. It allows Parliament to prescribe punishments for offences related to these rights.

Article 35 (b) of Indian Constitution provides that pre-constitutional laws regarding these matters remain valid until amended or repealed by Parliament. It also connects to Article 372 of the Constitution which permits the President to adapt existing laws for up to 3 years after the enactment of the Constitution. The term ‘law in force’ includes any law that existed before the Constitution came into effect and was not repealed and ensures that all valid laws remain applicable.

Article 35 of Indian Constitution Importance

Article 35 of Indian Constitution under Part III plays an important role in ensuring consistency in the enforcement of fundamental rights across the country. Its significance lies in reinforcement of the authority of Parliament in matters related to these rights.

• It empowers the Parliament with an exclusive authority to legislate on fundamental rights and promote a centralised approach to the protection of the rights of the citizens throughout the nation.
• Article 35 of Constitution focuses on the preservation and adaptation of existing laws related to fundamental rights until they are amended or repealed by Parliament.
• It plays an important role in safeguarding the integrity and effectiveness of fundamental rights.

Several Landmark Judgments have interpreted and reinforced the scope of Article 35 of Indian Constitution in relation to fundamental rights and legislative powers. The following cases illustrate how the courts have addressed issues: 

Satyajit Kumar vs State of Jharkhand (2022)

The Supreme Court in this case dealt with the legality of a notification providing 100% reservation for local Scheduled Tribe residents in government teacher positions across 13 districts designated as scheduled areas under Schedule V of the Constitution. The Court observed that notification was in violation of Article 14 and Article 16. Thus, the Court declared the notification ultra vires.

Chebrolu Leela Prasad Rao vs. State of Andhra Pradesh (2020)

The Supreme Court in this case analysed a government order that reserved 100% of teacher positions for ST candidates in scheduled areas of Andhra Pradesh. The Supreme Court held that the reservation was unconstitutional. The Court also highlighted that any legislative action including that of the Governor must align with the fundamental rights enshrined in Part III of the Constitution.

Conclusion

Article 35 of Indian Constitution is important for the legislative framework that facilitates the enforcement and implementation of fundamental rights. It empowers the Parliament to make laws related to these rights. It bridges the gap between guaranteed rights and their practical application.