Constitution of India · Section Article 35
Legislation to give effect to the provisions of this Part
Article 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and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.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.
DIRECTIVE PRINCIPLES OF STATE POLICY
Plain English Summary
This article establishes that the Parliament (the central law-making body) has the power to make laws concerning certain subjects, and state legislatures do not have this power. It also deals with how existing laws before the Constitution came into effect will be treated regarding these matters.
Key Points
- Parliament has the authority to make laws on specific matters mentioned in Articles 16(3), 32, 33, and 34.
- Parliament is responsible for making laws that prescribe punishments for certain offenses defined under this Part.
- Laws already in force before the Constitution came into effect concerning these matters will remain valid until Parliament changes or repeals them.
Why It Matters
This article clarifies the division of power between the central government (Parliament) and state governments regarding specific legal areas, ensuring a uniform approach to certain laws across India.
Landmark Judgements
No major landmark judgements.