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PART III FUNDAMENTAL RIGHTS · Right to Constitutional Remedies

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

The Constitution of India

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to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.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

Questions on this article

3 questions in 13 of our papers cite Article 35. Try these from the free papers:

  1. 1. A State Legislature, expressly purporting to act under Article 33, enacts a law abrogating the right of members of the State's armed police force, which is charged with the maintenance of public order, to form trade unions. Is the State Legislature competent to make such a law under Article 33?

  2. 2. Consider the following statements regarding Article 35: 1. A State Legislature may make a law under Article 16(3) prescribing a requirement of residence within that State for employment under the State. 2. Only Parliament, and not a State Legislature, can make laws prescribing punishment for acts declared to be offences under Part III. 3. Laws on the matters in Articles 33 and 34 can be made only by Parliament. Which of the statements given above is/are correct?

Practise questions on Constitutional Law