Part III - Fundamental Rights • Article

Article 35 Simplified: Legislation to give effect to the provisions of this Part

Article 35 ensures that the laws protecting our Fundamental Rights are the SAME across all of India. It says only the Central Parliament (not state governments) can make laws to punish people who break rights like Article 17 (Untouchability).

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to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.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

Simple Meaning

Explain Like Ten

Article 35 says that only the Central Parliament has the power to make new laws that punish people for breaking fundamental rights. This keeps the rules the same in every part of India.

Student Mode

Ensures that the power to make laws to give effect to and prescribe punishments for violations of Fundamental Rights (such as Articles 17 and 23) rests exclusively with the Parliament, not the State Legislatures. This maintains national uniformity of these core rights and their enforcement. It also covers Parliament's exclusive power to legislate on residence qualifications under Art 16(3), other courts' writ power under Art 32(3), and rights of forces under Art 33 and 34.

Example

The 'Protection of Civil Rights Act' is a national law that applies in every state because of Article 35.

Key Takeaway

Only Parliament can make the big laws that protect our core rights nationwide.

FAQs

Can a State pass a law against untouchability?

No, Article 35 ensures that only Parliament can make laws to punish offenses against Fundamental Rights, so that the law is uniform across India.

Why is this important?

It prevents different states from having different punishments for the same fundamental right violation.