This article is a compilation of Article 35 as it is. You can understand it well, that’s why its explanation is also given below, you must read it. Its explanation is also available in Hindi, for this you can use the link given below;

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Article 35

📜 Article 35

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to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or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

Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.
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🔍 Explanation

Part 3 of the constitution deals with fundamental rights. This part extends from Articles 12 to 35. Article 12 defines the State and Article 13 defines the law.

From Article 14 to Article 32 all the rights are compiled. Articles 33, 34 and 35 are special provisions which deal with certain exceptions. In this article we are going to understand Article 35;

⚫ Article-34 – Indian Constitution
⚫ Article-33 – Indian Constitution

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| Article 35 – Legislation to give effect to the provisions of this Part

Article 17 states that untouchability is abolished. And it is also applicable from 26 January 1950, but did it end untouchability. The answer would be no.

Obviously, until laws are made in its support and some punishment is not arranged for it, it is not going to end. And keeping this situation in mind, Article 35 has been made a part of the Constitution.

⚫ Under Article 35, Parliament alone shall have the power to, (1) provide for any of the matters for which provision may be made by Parliament by law under Article 16(3), Article 32(3), Article 33 and Article 34 and (2) make laws for prescribing punishment for acts which are declared to be offenses under this Part.

That is to say,  Article 35  only empowers the Parliament to make laws to give effect to certain fundamental rights. such as –

(i)  To provide residence for any employment or appointment in the State, Central or any authority (Article 16(3) provides for this).

(ii) Giving  this power to courts other than the Supreme Court and High Courts to issue writs for the enforcement of fundamental rights (Article 32(3) provides for this).

(iii)  Restrictions on fundamental rights of members of the armed forces, police forces etc. (Article 33 provides for this).

(iv)  Compensation to any Government servant or other person for any act during martial law in any area (which is part of Article 34).

Similarly, the Parliament will have the right to make laws to punish. Such as (a) for untouchability, which is mentioned in article 17(b) for prohibition of human traffic and forced labor, which is mentioned in article 23 .

◾ Overall, the meaning of saying is that sometimes the work is not done only by the fundamental rights, the parliament also has to make a separate law to make that fundamental right effective.

For example, Article 23 prohibits human trafficking and forced labour. But the truth is that even today human trade takes place and many people are still forced to do bonded labour.

This means that even though it is a fundamental right, it has not ended. People should take it seriously and follow it, that’s why some laws were made in its support.

Such as –  Bonded Labor System (Repeal) Act 1976 ,  Equal Remuneration Act 1976  etc.

Except for some subjects in the State List, this right is generally not available to the State Legislature. Overall, this system ensures that the implementation of fundamental rights in India continues in a proper manner.

So overall this is Article 35, I hope you have understood. To understand other article, you can use the link given below.

| Related Article

Hindi ArticlesEnglish Articles
⚫ अनुच्छेद 33
⚫ अनुच्छेद 28
⚫ अनुच्छेद 29		⚫ Article 33
⚫ Article 28
⚫ Article 29
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⚫ Constitution
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India		⚫ Constitution
⚫ Basics of Parliament
⚫ Fundamental Rights
⚫ Judiciary in India
⚫ Executive in India
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Disclaimer - The articles and their interpretations presented here are based on the original Constitution (latest edition), DD Basu's commentary on the Constitution (mainly) and various scholars of the Constitution (whose writings are available in newspapers, magazines and audio-visuals on the Internet). We have just tried to make it interesting and easy to understand.