What is Article 35 of Indian Constitution – Defination & Meaning

Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.
📅 Part III – Fundamental Rights
🏷️Amended

📚 UPSC Relevant

Article Number

35

part

Part III – Fundamental Rights

Status

Amended

Bare Acts Text

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 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and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.
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Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.

Full Definition & Explanation

Article 35 of the Indian Constitution is major for defining the legislative powers regarding certain matters. It explicitly states that only Parliament, and not state legislatures, can make laws about specific areas mentioned in other articles, such as Article 16 and Article 32. This ensures that uniform laws apply across the country, particularly concerning rights and protections under the Constitution. For instance, Parliament has the exclusive authority to enact laws concerning the punishment of offenses outlined in this section. This prevents the states from creating varied laws that could lead to inconsistencies or conflicts. The article also emphasizes that any existing laws, which were in force before the Constitution came into effect, will remain valid until Parliament modifies, repeals, or amends them. This provides continuity in the legal system. For example, if a law was enacted before 1950 addressing certain offenses, it would still apply until Parliament intervenes. This clause helps maintain stability in the legal framework while also allowing for future legislative changes. In real-world scenarios, Article 35 plays a role in ensuring that laws related to fundamental rights are uniformly applicable. For instance, when dealing with issues of discrimination or legal rights, having a central authority to legislate helps ensure that everyone in the country is treated equally under the law. This centralization of power in Parliament is key for maintaining a cohesive legal system, particularly in areas where individual rights and state actions intersect.

Historical Context

Article 35 was included when the Constitution was adopted in 1950. During the Constituent Assembly debates, there was major emphasis on the need for a strong central authority to ensure that laws were uniformly applied throughout India. Members argued that allowing state legislatures to legislate on sensitive issues could lead to inconsistencies and potential conflicts with fundamental rights. The 44th Amendment Act in 1978 further reinforced the parliamentary supremacy established by Article 35, emphasizing the need for uniform laws across states. The article has been cited in key Supreme Court cases like Kesavananda Bharati, which protect fundamental rights against state actions, underscoring its importance in maintaining a cohesive legal framework.

Key Features

– Only Parliament can legislate on specific matters mentioned in this article.
– State legislatures do not hold the power to enact related laws.
– Existing laws remain in force until altered by Parliament’s actions.
– Article outlines punishments for offenses detailed within its provisions.
– It ensures uniformity in legal applications across the entire country.

Importance & Impact

– Parliament’s unique power ensures that laws remain uniform across all states.
– Existing laws provide stability until Parliament actively decides on changes.
– Centralized legislation prevents inconsistencies from arising in laws across different states.
– This article directly impacts the enforcement of fundamental rights in India.
– It grants Parliament the authority to punish offenses under specific provisions.

Sample UPSC Question

Which of the following statements accurately reflects the essence of Article 35 of the Indian Constitution? A) It empowers state legislatures to legislate on specific matters. B) Only Parliament has the authority to create laws on specific offenses. C) Existing laws are automatically repealed when the Constitution starts. D) It applies solely to fundamental duties. Choose the correct option and provide a justification for your choice.

Answer

The correct answer is B) Only Parliament can make laws regarding specific offenses. Article 35 restricts state legislatures from enacting related laws, ensuring uniformity across the nation. Options A and C are incorrect because state legislatures have no such power and existing laws remain valid. Option D is incorrect since Article 35 addresses legislative power, not fundamental duties.

Key Takeaways

✓ Only Parliament can legislate on specific matters mentioned in the Constitution.
✓ State legislatures do not possess the authority to enact related laws.
✓ Existing laws remain valid until modified or repealed by Parliament.
✓ This article focuses on the punishment of offenses specified in the Constitution.
✓ Centralized legislation promotes legal uniformity and consistency across India.

FAQs

Article 35 ensures that only Parliament can legislate on specific matters, which provides consistency in legal frameworks across India. It prevents state legislatures from creating conflicting laws that could lead to legal confusion. This centralized approach is necessary for protecting the rights of citizens uniformly, especially in sensitive areas like discrimination and civil rights.

Article 35 allows existing laws to remain valid until Parliament makes changes to them. This means that laws enacted before the Constitution’s adoption continue to apply unless Parliament intervenes. The continuity of these laws provides a sense of legal stability while also allowing Parliament the flexibility to amend outdated or conflicting laws in the future.

Parliamentary power is emphasized in Article 35 to ensure uniformity in legal matters across all states. This central authority is key for protecting fundamental rights against potential state-level disparities. By concentrating legislative power in Parliament, the Constitution helps maintain a consistent application of laws, reinforcing equality and justice for all citizens.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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