Actual Article
Article 35: 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 for providing for any matter which, under this Part, is required to be provided for by law made by Parliament; and
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and to any adaptations and modifications that may be made therein under Article 372, continue in force until altered or repealed or amended by Parliament.
UPSC Notes for Article 35
- Centralized Legislative Power: Article 35 ensures that Parliament has exclusive power to make laws regarding specific provisions of Fundamental Rights. This centralization is crucial to maintain uniformity across India concerning these fundamental legal aspects.
- Provisions Requiring Parliamentary Legislation:
- Article 16(3): Relating to the making of laws prescribing residence qualifications for employment under the state.
- Article 32(3): Empowering Parliament to make laws regarding the enforcement of Fundamental Rights.
- Article 33: Allowing Parliament to modify Fundamental Rights concerning armed forces, paramilitary forces, and intelligence agencies to ensure discipline and proper discharge of duties.
- Article 34: Providing for the imposition of martial law and indemnification for acts done during its imposition.
- Existing Laws: Laws in force before the commencement of the Constitution concerning these matters remain effective until amended or repealed by Parliament. This provision ensures continuity and legal stability during the transition period.
Important Cases Related to Article 35
- Indira Sawhney v. Union of India (1992): Also known as the Mandal Commission case, this judgment discussed the extent of Article 16 and the powers of Parliament in making laws related to reservations, highlighting the legislative powers under Article 35.
- State of Karnataka v. Union of India (1977): The Supreme Court reaffirmed the exclusive power of Parliament to legislate on matters listed under Article 35, ensuring a uniform legal framework for all states.
Important Reports Related to Article 35
- Second Administrative Reforms Commission Report (2009): This report examined the impact of central legislation on state administration and recommended measures to ensure effective implementation of laws enacted by Parliament under Article 35.
- Law Commission of India Reports: Various reports have analyzed the legislative powers of Parliament concerning the enforcement of Fundamental Rights, suggesting improvements for more coherent and effective legislation.
Additional Insights
- Uniformity and Cohesion: Article 35 aims to provide a uniform legal framework across India concerning Fundamental Rights, preventing discrepancies that could arise if states had individual legislative powers over these critical areas.
- Balancing Federalism and Central Authority: While the Indian Constitution adopts a federal structure, certain powers are centralized to maintain national integrity and uniformity in key legal matters. Article 35 exemplifies this balance by vesting exclusive legislative authority in Parliament for specific fundamental provisions.
- Ensuring Effective Enforcement: By empowering Parliament to make laws regarding the enforcement and modification of Fundamental Rights, Article 35 ensures that these rights are uniformly protected and enforced across the nation, thus upholding the constitutional mandate.
Previous Year Prelims Questions Related to Article 35
- UPSC Prelims 2017: Which of the following statements regarding Article 35 is correct?
- (a) It gives the state legislatures the power to make laws regarding Fundamental Rights.
- (b) It ensures that only Parliament can legislate on certain matters related to Fundamental Rights.
- (c) It allows the President to make laws regarding the enforcement of Fundamental Rights.
- (d) It empowers the Supreme Court to enforce Fundamental Rights. Answer: (b) It ensures that only Parliament can legislate on certain matters related to Fundamental Rights.
- UPSC Prelims 2020: Consider the following statements about Article 35:
- (1) It gives Parliament exclusive power to make laws for prescribing punishment for acts violating Fundamental Rights.
- (2) It allows existing laws related to certain provisions of Fundamental Rights to continue until repealed by Parliament. Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2 Answer: (c) Both 1 and 2
Previous Year Mains Questions Related to Article 35
- UPSC Mains 2018: Discuss the significance of Article 35 in maintaining the uniformity of laws related to Fundamental Rights across India. How does this article ensure the effective implementation of these rights? (15 marks)
- UPSC Mains 2019: Analyze the role of Article 35 in empowering Parliament to legislate on matters concerning the enforcement of Fundamental Rights. How does this provision balance the federal structure with the need for centralized legislation? (10 marks)
By thoroughly understanding Article 35, including its provisions, judicial interpretations, and relevance to previous exam questions, UPSC aspirants can gain a comprehensive understanding of how the Constitution centralizes legislative powers for certain fundamental legal matters, ensuring uniformity, stability, and effective enforcement of Fundamental Rights across India.