Article 35 of the Constitution of India deals with the legislative power of Parliament in relation to certain matters concerning Fundamental Rights.
- Meaning of Article 35
- Constitutional Basis
- Article 35(a)
- Article 35(b)
- Article 35 and State Legislatures
- Article 35 and Fundamental Rights
- Article 35 and Article 33
- Article 35 and Article 34
- Article 35 and Article 16
- Article 35 and Article 17
- Article 35 and Article 23
- Laws Made Under Article 35
- Article 35 and Uniformity
- Important Features of Article 35
- Article 35 at a Glance
- Article 35 and Related Provisions
- Common Confusions
- Quick Revision
- Conclusion
The provision ensures that, for specified matters under Part III of the Constitution, only Parliament has the power to make laws. It also gives Parliament the authority to prescribe punishments for certain acts that the Constitution requires to be treated as offences.
Article 35 therefore plays an important role in maintaining uniformity in matters connected with Fundamental Rights across India.
Meaning of Article 35
Article 35 gives Parliament exclusive legislative power over certain matters mentioned in Part III.
Although both Parliament and State Legislatures generally have legislative powers under the constitutional distribution of subjects, Article 35 creates specific exceptions in the area of Fundamental Rights.
The provision is intended to ensure that certain matters relating to Fundamental Rights are governed by Parliamentary legislation rather than separate laws made by individual States.
Constitutional Basis
Article 35 is contained in Part III of the Constitution, which deals with Fundamental Rights.
It operates as a supplementary provision to several other Articles in Part III that specifically contemplate legislation by Parliament.
The provision is particularly important in relation to:
- Article 16(3)
- Article 32(3)
- Article 33
- Article 34
- Certain offences involving Fundamental Rights
Article 35(a)
Article 35(a) deals with specific matters where Parliament has exclusive legislative power.
It covers laws relating to certain provisions of Part III where the Constitution specifically requires or permits Parliament to legislate.
These include matters under:
Article 16(3)
Article 16(3) permits Parliament to prescribe, in relation to certain classes of employment under a State or Union Territory, a residence requirement.
Article 35 ensures that legislation on this matter is made by Parliament, rather than by individual State Legislatures.
Article 32(3)
Article 32(3) allows Parliament to empower other courts to exercise certain powers of the Supreme Court under Article 32(2).
Article 35 places this legislative power within Parliament’s exclusive domain.
Article 33
Article 33 empowers Parliament to modify the application of Fundamental Rights to specified categories such as:
- Members of the armed forces
- Forces charged with maintaining public order
- Intelligence organisations
- Counter-intelligence organisations
- Certain telecommunications systems connected with these organisations
Article 35 confirms Parliament’s exclusive legislative authority in relation to this provision.
Article 34
Article 34 concerns restrictions on Fundamental Rights while martial law is in force.
It allows Parliament to provide indemnity and validate certain acts carried out in connection with martial law.
Article 35 places legislation under this provision within Parliament’s exclusive legislative competence.
Article 35(b)
Article 35(b) deals with the power to prescribe punishment for certain acts that the Constitution treats as offences.
It specifically concerns acts that are declared to be offences under:
- Article 17
- Article 23(1)
Article 17
Article 17 abolishes untouchability and prohibits its practice in any form.
Parliament has the power to prescribe punishment for acts that constitute offences under Article 17.
The principal legislation associated with Article 17 is the Protection of Civil Rights Act, 1955.
Article 23(1)
Article 23(1) prohibits:
- Traffic in human beings
- Begar
- Other similar forms of forced labour
Parliament can prescribe punishment for violations of this constitutional prohibition.
The Bharatiya Nyaya Sanhita, 2023 and other applicable legislation may address conduct falling within the broader legal framework protecting individuals against exploitation, while specific legislation also addresses trafficking and related offences.
Article 35 and State Legislatures
One of the most important features of Article 35 is that it restricts the legislative competence of State Legislatures in the matters specifically covered by the provision.
Where Article 35 gives Parliament exclusive power, a State Legislature cannot independently legislate on that particular matter.
This creates uniformity in the implementation of certain Fundamental Rights.
Article 35 and Fundamental Rights
Article 35 does not itself create a new Fundamental Right.
Instead, it provides the legislative framework for giving effect to certain provisions contained in Part III.
The relationship can be understood as:
Part III → Fundamental Rights
Article 35 → Parliament’s exclusive legislative power in specified matters
Article 35 and Article 33
Article 33 gives Parliament the power to modify the application of Fundamental Rights to specified forces and organisations.
Article 35 reinforces the legislative exclusivity of Parliament in relation to Article 33.
| Provision | Main Function |
|---|---|
| Article 33 | Parliament may modify Fundamental Rights for specified forces and organisations |
| Article 35 | Parliament has exclusive legislative power in relation to matters specified in Part III, including Article 33 |
Article 35 and Article 34
Article 34 concerns restrictions on rights while martial law is in force.
Parliament may make laws providing indemnity and validating specified acts connected with martial law.
Article 35 ensures that legislative action concerning Article 34 falls within Parliament’s exclusive legislative competence.
Article 35 and Article 16
Article 16(3) is another important provision connected with Article 35.
Article 16 generally guarantees equality of opportunity in public employment.
However, Article 16(3) permits Parliament to prescribe residence requirements for certain public employment under a State or Union Territory.
Article 35 ensures that such legislation is made by Parliament rather than by State Legislatures.
This prevents individual States from independently creating residence-based restrictions in public employment outside the constitutional framework.
Article 35 and Article 17
Article 17 abolishes untouchability.
Article 35 enables Parliament to prescribe punishment for acts that constitute offences under Article 17.
This constitutional arrangement contributed to the enactment of legislation aimed at eliminating untouchability and its associated practices.
Article 35 and Article 23
Article 23 protects individuals against trafficking in human beings, begar and other similar forms of forced labour.
Article 35 gives Parliament the power to prescribe punishment for acts declared to be offences under Article 23(1).
This ensures that there is a central legislative framework for addressing these constitutional violations.
Laws Made Under Article 35
Parliament has enacted legislation giving effect to several constitutional protections connected with Part III.
An important example is the Protection of Civil Rights Act, 1955, which gives effect to the constitutional prohibition of untouchability.
Other laws dealing with trafficking, forced labour, public employment and the rights of members of specified services operate within the broader constitutional framework created by Part III.
Article 35 and Uniformity
A significant purpose of Article 35 is to maintain uniformity in certain areas concerning Fundamental Rights.
If individual State Legislatures were free to make separate laws concerning matters specifically assigned to Parliament under Article 35, there could be substantial differences between States.
Parliamentary legislative power allows these particular constitutional matters to be addressed through a common national framework.
Important Features of Article 35
1. Part of Part III
Article 35 is contained in the chapter dealing with Fundamental Rights.
2. Parliament Has Exclusive Power
For the matters specifically covered by Article 35, Parliament has exclusive legislative authority.
3. Applies to Specified Matters
Article 35 does not give Parliament exclusive power over every matter relating to Fundamental Rights.
Its operation is limited to the matters specified in the provision.
4. Connected With Several Articles
It is particularly connected with Articles 16(3), 32(3), 33 and 34.
5. Covers Certain Offences
Parliament can prescribe punishment for acts that are offences under Article 17 and Article 23(1).
6. Restricts State Legislative Power
State Legislatures cannot independently legislate in matters where Article 35 gives Parliament exclusive authority.
Article 35 at a Glance
| Point | Position |
|---|---|
| Article | Article 35 |
| Part | Part III – Fundamental Rights |
| Main Subject | Legislation to give effect to provisions of Part III |
| Primary Authority | Parliament |
| Nature | Exclusive legislative power in specified matters |
| Article 16(3) | Parliament may prescribe certain residence requirements |
| Article 32(3) | Parliament may empower other courts with specified powers |
| Article 33 | Modification of Fundamental Rights for specified forces and organisations |
| Article 34 | Legislation concerning martial law |
| Article 17 | Parliament may prescribe punishment for offences relating to untouchability |
| Article 23(1) | Parliament may prescribe punishment for specified offences |
| Main Purpose | Uniform legislative implementation of specified Part III provisions |
Article 35 and Related Provisions
| Article | Subject | Connection With Article 35 |
|---|---|---|
| Article 16(3) | Residence requirements for certain public employment | Parliament’s legislative power |
| Article 17 | Abolition of untouchability | Parliament may prescribe punishment |
| Article 23(1) | Prohibition of trafficking and forced labour | Parliament may prescribe punishment |
| Article 32(3) | Powers of other courts concerning constitutional remedies | Parliament’s legislative power |
| Article 33 | Modification of Fundamental Rights for specified forces | Parliament’s legislative power |
| Article 34 | Rights during martial law | Parliament’s legislative power |
Common Confusions
Does Article 35 Give Parliament Power Over All Fundamental Rights?
No.
Article 35 gives Parliament exclusive legislative power only in the specific matters identified by the Constitution.
It does not mean that Parliament alone can make every law concerning Fundamental Rights.
Does Article 35 Create a Fundamental Right?
No.
Article 35 is a constitutional provision dealing with legislative power.
It does not itself create a new Fundamental Right.
Can State Legislatures Make Laws Under Article 33?
No.
Article 33 specifically gives the power to Parliament.
Article 35 reinforces Parliament’s exclusive legislative competence in this area.
What Is the Connection Between Article 35 and Article 17?
Article 17 abolishes untouchability.
Article 35 enables Parliament to prescribe punishment for acts that constitute offences under Article 17.
What Is the Connection Between Article 35 and Article 23?
Article 23 prohibits trafficking in human beings, begar and other similar forms of forced labour.
Article 35 allows Parliament to prescribe punishment for acts declared to be offences under Article 23(1).
Is Article 35 the Same as Article 34?
No.
Article 34 deals with restrictions on rights while martial law is in force.
Article 35 deals with Parliament’s legislative power concerning specified matters under Part III.
Quick Revision
- Article 35 → Legislation to give effect to specified provisions of Part III.
- It gives Parliament exclusive legislative power over specified matters.
- It is contained in Part III – Fundamental Rights.
- It is connected with Articles 16(3), 32(3), 33 and 34.
- Parliament can prescribe punishment for offences relating to Article 17.
- Parliament can prescribe punishment for offences under Article 23(1).
- Article 35 helps maintain uniformity in specified areas concerning Fundamental Rights.
- It does not give Parliament exclusive power over every Fundamental Rights matter.
- Article 33 → Modification of Fundamental Rights for specified forces
- Article 34 → Martial law
- Article 35 → Parliament’s legislative power in specified Part III matters
Conclusion
Article 35 provides the legislative foundation for giving effect to several important provisions contained in Part III of the Constitution. Its most significant feature is that it assigns exclusive legislative power to Parliament in specific matters, including those connected with Articles 16(3), 32(3), 33 and 34.
It also enables Parliament to prescribe punishment for acts that constitute offences under Article 17 and Article 23(1). By placing these matters within Parliament’s legislative domain, Article 35 promotes a consistent national approach to the implementation of certain Fundamental Rights.
The key point to remember is:
Article 35 → Parliament’s exclusive legislative power in specified Part III matters.
