Article 35 - laws to give effect to certain fundamental rights
Q. Which of the following articles extends the competence of Parliament to make a law on matters, even though some of those matters may fall within the sphere of State List?- Published on 21 Feb 17a. 34
b. 35
c. 31
d. 33
ANSWER: 35
- Article 35 says that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislatures.
- This provision ensures that there is uniformity throughout India with regard to the nature of those fundamental rights and punishment for their infringement.
Article 35 contains the following provisions -
A. The Parliament shall have (and the legislature of a state shall not have) power to make laws with respect to the following matters :
1. Prescribing residence as a condition for certain employments or appointments in a state or union territory or local authority or other authority (Article 16).
2. Empowering courts other than the Supreme Court and the high courts to issue directions,orders and writs of all kinds for the enforcement of fundamental rights (Article 32).
3. Restricting or abrogating the application of Fundamental Rights to members of armed forces,police forces, etc. (Article 33).
4. Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34).
B. Parliament shall have (and the legislature of a state shall not have) powers to make laws for prescribing punishment for those acts that are declared to be offences under the fundamental rights.
These include the following :
1. Untouchability (Article 17).
2. Traffic in human beings and forced labor (Article 23).
C. The Parliament shall, after the commencement of the Constitution, make laws for prescribing punishment for the above acts, thus making it obligatory for the Parliament to enact such laws.
D. Any law in force at the commencement of the Constitution with respect to any of the matters specified above is to continue in force until altered or repealed or amended by the Parliament.
E. It should be noted that Article 35 extends the competence of the Parliament to make a law on the matters specified above, even though some of those matters may fall within the sphere of the state legislatures (i.e., State List).
