Article 35 of the Indian Constitution
- Article 35 of the Indian Constitution is a crucial closing provision of Part III that ensures uniform application and enforcement of fundamental freedoms across the nation.
- Mastering Article 35 Fundamental Rights is essential for civil services aspirants preparing for Indian Polity UPSC, Fundamental Rights UPSC, and Indian Constitution Articles UPSC modules.
- The article establishes Parliament’s Legislative Power Under Article 35 by conferring exclusive authority on Parliament—while explicitly barring state legislatures—to enact laws giving effect to Part III rights.
- A clear understanding of Article 35 Explained provides candidates with structural insights into Implementation of Fundamental Rights and federal legislative jurisdiction within the Indian Constitution and Fundamental Rights.
Constitutional Provisions of Article 35
- Exclusive Federal Authority: Conveys sole legislative competence to Parliament to make laws prescribing punishments for acts declared as offenses under Part III.
- State Legislative Exclusion: Explicitly prohibits State Legislatures from enacting laws regarding matters listed under Article 35, ensuring uniform national standards.
- Continuance of Pre-Constitutional Laws: Clarifies that any law in force before the commencement of the Constitution regarding these matters continues in effect until altered or repealed by Parliament.
- Enforceability Mechanism: Converts abstract constitutional guarantees under Part III into actionable, enforceable statutory rights backed by criminal penalties.
Matters Covered Under Article 35
- Residence Requirements (Article 16(3)): Authorizes Parliament to prescribe residence within a state or union territory as a qualification for certain employment opportunities.
- Empowering Other Courts (Article 32(3)): Grants Parliament the power to empower courts other than the Supreme Court and High Courts to issue directions, orders, or writs.
- Restricting Security Forces’ Rights (Article 33): Authorizes Parliament to modify or restrict the fundamental rights of armed forces, police, and intelligence personnel.
- Indemnifying Official Acts (Article 34): Empowers Parliament to pass an Act of Indemnity protecting officials for actions taken during the operation of martial law.
Article 35 and Parliament's Exclusive Legislative Power
- Uniformity Across States: Prevents varying, fragmented, or discriminatory penal laws from being enacted by individual state legislatures for similar fundamental rights violations.
- Penal Legislation Power: Authorizes Parliament alone to prescribe punishments for offenses such as untouchability (Article 17) and human trafficking/forced labor (Article 23).
- Statutory Enactments: Provided the constitutional foundation for landmark laws like the Untouchability (Offences) Act, 1955 (later Protection of Civil Rights Act) and the Immoral Traffic (Prevention) Act.
- Safeguarding Federal Balance: Maintains a centralized legal framework for fundamental rights enforcement while preserving overall state legislative domains.
Article 35 and Other Constitutional Provisions
- Article 17 Linkage: Gives execution power to Parliament to prescribe legal penalties for practicing untouchability in any form.
- Article 23 Linkage: Mandates parliamentary legislation to punish traffic in human beings and forced labor (begar).
- Article 13 Alignment: Ensures that laws enacted by Parliament under Article 35 remain subject to judicial review under Article 13 if they infringe basic rights.
- Article 368 Context: Demonstrates how procedural provisions within Part III strengthen the Constitutional Provisions of India without requiring full constitutional amendments.
Article 35 vs Article 34
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| Feature / Criteria | Article 35 | Article 34 |
|---|---|---|
| Core Subject | Gives Parliament exclusive legislative power over specified Part III matters and punishments for acts declared offences under Part III. | Enables Parliament to grant indemnity for qualifying acts connected with maintaining or restoring order where martial law was in force. |
| Primary Function | Supports the implementation of specified Fundamental Rights provisions and the prescription of punishments. | Protects persons in Union or State service, or other persons, for qualifying acts and permits validation of specified actions under martial law. |
| Operational Scope | A continuing allocation of legislative competence. Also preserves relevant pre-Constitution laws until Parliament alters or repeals them. | Relates to acts connected with an area where martial law was in force. Parliament may legislate after martial law ends. |
| Legislative Linkage | Reserves legislation on matters under Articles 16(3), 32(3), 33 and 34 to Parliament, alongside punishment provisions. | Provides the substantive indemnity and validation power. Article 35 reserves legislation on this matter to Parliament. |
Significance of Article 35
- Guarantee of Uniform Enforcement: Ensures that every citizen across all states enjoys equal statutory protection of their fundamental rights.
- Penal Deterrence: Equips the democratic state with statutory teeth to penalize social evils like untouchability, caste discrimination, and forced labor.
- National Integration: Prevents state-level political bias or local regionalism from diluting civil liberties guaranteed by Part III.
- Central Anchor of Part III: Acts as the constitutional administrative engine that translates passive rights into active, enforceable legal protection.
Conclusion
- Article 35 of the Indian Constitution is the indispensable enforcement anchor that gives real statutory teeth to fundamental liberties.
- Reserving legislative powers exclusively for Parliament guarantees national uniformity and prevents local dilution of civil rights.
- Achieving thorough conceptual clarity on Article 35 and Fundamental Rights equips civil services candidates to excel in General Studies Paper II examinations.
UPSC Prelims: PYQs & Practice Questions
Previous Year Questions (Prelims)
Q: Which of the following provisions of the Constitution of India explicitly confers power on the Parliament alone to make laws prescribing punishment for those acts that are declared offences under Part III (Fundamental Rights)?
(a) Article 32
(b) Article 33
(c) Article 34
(d) Article 35
Answer: (d) Article 35
Explanation:
Article 35(a)(ii) explicitly provides that Parliament shall have power, and the legislature of a State shall not have power, to make laws for prescribing punishment for acts declared to be offences under Part III.
This includes penal provisions relating to offences such as the practice of untouchability under Article 17 and traffic in human beings and forced labour under Article 23, ensuring nationwide legal uniformity.
Q: Consider the following statements regarding the legislative powers conferred under Part III of the Constitution:
1. Parliament has the exclusive power to make laws prescribing residence qualifications for public employment within a State or Union Territory.
2. State Legislatures can enact penal laws to punish offences defined under Article 17 and Article 23 within their respective territorial jurisdictions.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (a) 1 only
Explanation:
Statement 1 is correct: Under Article 35(a)(i) read with Article 16(3), the power to prescribe residence requirements as a condition for public employment is vested exclusively in Parliament.
Statement 2 is incorrect: Under Article 35(a)(ii), State Legislatures are barred from enacting penal laws for offences under Part III. Only Parliament has the power to prescribe punishments for offences under Article 17 and Article 23.
Practice Questions
Q: With reference to Article 35 of the Indian Constitution, consider the following statements:
1. It ensures that the power to make laws to give effect to certain specified Fundamental Rights rests exclusively with Parliament and not with State Legislatures.
2. Any law in force before the commencement of the Constitution relating to matters under Article 35 continues to be in force until altered or repealed by Parliament.
3. Article 35 empowers Parliament to issue directions to State Governors to make special laws restricting Fundamental Rights during public order crises.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2, and 3
Answer: (a) 1 and 2 only
Explanation:
Statement 1 is correct: Article 35 vests exclusive legislative authority in Parliament to enforce specified Part III provisions, including Articles 16(3), 32(3), 33, and 34.
Statement 2 is correct: Under Article 35(b), any pre-Constitution law relating to these matters continues in force until altered or repealed by Parliament.
Statement 3 is incorrect: Article 35 does not authorize Parliament to direct State Governors to restrict Fundamental Rights. It empowers Parliament itself to enact legislation on specified matters.
Q: Under Article 35, Parliament alone has the power to enact legislation with respect to which of the following matters?
1. Prescribing residence requirements for public employment under Article 16(3)
2. Empowering courts other than the Supreme Court and High Courts to issue writs under Article 32(3)
3. Modifying the application of Fundamental Rights to members of the Armed Forces under Article 33
4. Indemnifying public servants for acts done during the operation of Martial Law under Article 34
Select the correct answer using the code given below:
(a) 1, 2 and 3 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4
Answer: (d) 1, 2, 3 and 4
Explanation:
Article 35(a)(i) covers all four matters: Article 16(3) (residence requirements), Article 32(3) (writ jurisdiction of other courts), Article 33 (restrictions on Fundamental Rights of security forces), and Article 34 (Acts of Indemnity during Martial Law). State Legislatures have no law-making power regarding these specified matters.
UPSC Mains – Previous Year & Practice Questions
Mains Previous Year Questions
Question: Examine how Article 35 ensures that the enforcement of Fundamental Rights and penal provisions for their violation remain uniform across the Indian federation. (Mains 2021)
Question: Discuss the constitutional significance of Article 35 in centralizing the legislative competence to enact penal laws for social offences like untouchability and forced labour. (Mains 2017)
Question: While Part III guarantees fundamental liberties to citizens, Article 35 operates as an administrative anchor to make these liberties actionable. Critically evaluate. (Mains 2014 – GS Paper II / Law Paper)
Question: Explain why the framers of the Constitution deliberately excluded State Legislatures from enacting laws under Articles 16(3), 33, 34, and 35. (Mains 2010 – GS Paper II / Law Paper)
Question: Analyze the relationship between Article 35(b) and pre-Constitutional laws in light of judicial interpretations regarding the continuity of legal rights. (Mains 2005 – GS Paper II / Law Paper)
Mains Practice Questions
[15 Marks | 250 Words]
Question: Article 35 represents a deliberate unitary bias embedded within Part III of the Indian Constitution to safeguard civil liberties against state-level legislative fragmentation. Critically analyze.
[15 Marks | 250 Words]
Question: Evaluate how Parliament used its exclusive legislative authority under Article 35 to operationalize the constitutional abolition of untouchability under Article 17 through statutory enactments.
[10 Marks | 150 Words]
Question: Distinguish between the constitutional purposes of Article 34 (Martial Law indemnity) and Article 35 (Exclusive Parliamentary power).
Article 35 of the Indian Constitution-FAQs
What is Article 35 of the Indian Constitution?
Article 35 gives exclusive legislative power to Parliament on certain matters relating to Fundamental Rights. It also prevents State Legislatures from making laws on these specified matters.
Which matters are covered under Article 35?
Article 35 covers matters connected with Articles 16(3), 32(3), 33 and 34, along with Parliament’s power to prescribe punishment for acts declared offences under Part III.
Why is Article 35 important?
Article 35 ensures uniformity in the implementation of Fundamental Rights across India by reserving legislative authority over specified matters exclusively with Parliament.
Which laws are associated with Article 35?
Parliament has enacted laws giving effect to Fundamental Rights, including the Protection of Civil Rights Act, 1955, relating to offences connected with untouchability.
What is the difference between Article 34 and Article 35?
Article 34 deals with restrictions on Fundamental Rights during martial law, whereas Article 35 gives Parliament exclusive power to legislate on specified matters connected with Part III.
