The Constitution of India guarantees several Fundamental Rights to every citizen, but simply granting rights is not enough. There must also be laws that define how these rights will be protected and enforced. Some constitutional provisions require Parliament—not State Legislatures—to make such laws so that citizens enjoy uniform legal protection across the country. This responsibility is assigned through Article 35 of the Indian Constitution.
Article 35 plays a unique role in India’s constitutional framework because it gives Parliament exclusive authority to make laws on specific matters connected with Fundamental Rights. It ensures that important constitutional rights are implemented consistently throughout the nation, avoiding differences in laws from one State to another. Although Article 35 is not discussed as frequently as Articles 14, 19, or 21, it is essential for understanding how Fundamental Rights are translated into enforceable laws. Whether you are a law student, UPSC aspirant, legal professional, or an informed citizen, understanding Article 35 provides valuable insight into the functioning of the Indian Constitution.
Article 35 of the Indian Constitution: Overview
| Particular | Details |
|---|---|
| Article | Article 35 |
| Part of Constitution | Part III – Fundamental Rights |
| Objective | Empower Parliament to make laws for implementing specific Fundamental Rights |
| Applies To | Parliament and matters specified under Part III of the Constitution |
| Key Feature | Exclusive legislative power of Parliament on specified constitutional matters |
| Related Articles | Articles 16, 32, 33 and 34 |
| Importance | Ensures uniform implementation of Fundamental Rights across India |
What is Article 35 of the Indian Constitution?
Article 35 specifies that Parliament has the exclusive authority to make laws on certain matters relating to Fundamental Rights. Instead of allowing different States to enact separate laws on these subjects, the Constitution reserves this power for Parliament to maintain national consistency.
The Article also protects laws that were already in force before the Constitution came into effect until Parliament decides to amend or repeal them. This helped ensure continuity in governance during the transition to the constitutional system.
Why Was Article 35 Included in the Constitution?
The framers of the Constitution wanted certain Fundamental Rights to be implemented uniformly throughout India.
Article 35 was introduced to:
- Ensure uniform application of Fundamental Rights.
- Prevent conflicting State laws.
- Give Parliament exclusive legislative authority.
- Strengthen constitutional governance.
- Maintain national consistency.
- Protect citizens’ constitutional rights.
- Avoid legal uncertainty.
By centralizing legislative power on these specific matters, Article 35 promotes equality and consistency across the country.
Key Provisions of Article 35
Article 35 primarily deals with Parliament’s legislative powers in relation to certain Fundamental Rights.
Its important features include:
1. Exclusive Power of Parliament
Article 35 provides that Parliament alone has the authority to enact laws relating to certain constitutional provisions.
This means State Legislatures cannot legislate on matters specifically reserved for Parliament under Article 35.
2. Implementation of Certain Fundamental Rights
Article 35 empowers Parliament to make laws regarding matters connected with:
- Article 16(3) – Residence requirement for certain public employment.
- Article 32(3) – Empowering courts other than the Supreme Court to exercise specified powers relating to constitutional remedies.
- Article 33 – Modification of Fundamental Rights for members of the Armed Forces and certain other forces.
- Article 34 – Restriction of Fundamental Rights during martial law in specified circumstances.
These provisions require national-level legislation for effective implementation.
3. Continuance of Existing Laws
Article 35 also states that laws already in force before the commencement of the Constitution relating to these matters would continue until altered, repealed, or amended by Parliament.
This provision ensured legal continuity after the Constitution came into force on 26 January 1950.
Relationship Between Article 35 and Fundamental Rights
Although Article 35 itself does not directly grant a Fundamental Right, it plays an important supporting role in protecting those rights.
It ensures that Parliament can enact uniform laws necessary for implementing and regulating specific constitutional provisions.
Without Article 35, different States could have adopted different legal standards, leading to inconsistency in the enforcement of Fundamental Rights.
Difference Between Article 32 and Article 35
These two Articles are closely connected but serve different purposes.
| Article | Purpose |
|---|---|
| Article 32 | Gives citizens the right to approach the Supreme Court for enforcement of Fundamental Rights. |
| Article 35 | Gives Parliament exclusive authority to make laws relating to specified Fundamental Rights and constitutional provisions. |
Thus, Article 32 provides the remedy, while Article 35 provides Parliament with legislative authority in specified areas.
Importance of Article 35
Although relatively short, Article 35 plays a significant role in India’s constitutional framework.
Its importance includes:
- Ensuring uniform implementation of constitutional provisions.
- Preventing conflicting State legislation.
- Strengthening Parliamentary authority where required.
- Supporting effective enforcement of Fundamental Rights.
- Promoting national legal consistency.
- Maintaining constitutional stability.
The Article reflects the Constitution’s intention to balance individual rights with a coherent national legal system.
Practical Significance of Article 35
For most citizens, Article 35 operates in the background rather than affecting daily life directly. However, it has an important impact on how constitutional laws are made and applied.
For example:
- Laws relating to residence requirements in certain public employment must be enacted by Parliament where permitted by the Constitution.
- Parliament may regulate the application of Fundamental Rights to members of the Armed Forces under Article 33.
- Existing constitutional laws remain valid until Parliament modifies them.
This centralized legislative approach ensures that important constitutional matters are governed by a uniform national framework.
Landmark Judicial Interpretation
Although Article 35 itself has not been the subject of as many landmark cases as Articles 14 or 21, courts have consistently recognized Parliament’s exclusive legislative authority in matters specifically assigned to it under the Constitution.
Judicial interpretation has reinforced the principle that legislative powers must be exercised according to the constitutional distribution of authority between Parliament and State Legislatures.
Article 35 and Constitutional Governance
Article 35 strengthens India’s constitutional structure by ensuring that certain sensitive matters affecting Fundamental Rights remain under Parliament’s legislative control.
It contributes to:
- Constitutional supremacy.
- Uniform governance.
- Legal certainty.
- Protection of citizens’ rights.
- Effective implementation of constitutional provisions.
Its role is administrative as well as constitutional, ensuring that Parliament can enact nationwide laws wherever the Constitution considers it necessary.
Frequently Asked Questions (FAQs)
1. What is the main purpose of Article 35 of the Indian Constitution?
A. Article 35 gives Parliament exclusive authority to make laws relating to certain provisions connected with Fundamental Rights, ensuring their uniform implementation across India.
2. Does Article 35 itself provide a Fundamental Right?
A. No. Article 35 does not directly grant a Fundamental Right. Instead, it empowers Parliament to enact laws necessary for implementing certain constitutional provisions relating to Fundamental Rights.
3. Why can’t State Legislatures make laws on matters covered under Article 35?
A. The Constitution specifically reserves legislative power on certain matters for Parliament to maintain national uniformity and avoid conflicting State laws.
4. Which Articles are connected with Article 35?
A. Article 35 is closely related to Articles 16(3), 32(3), 33, and 34, as it empowers Parliament to legislate on matters arising under these constitutional provisions.
Disclaimer: This article is intended for general informational and educational purposes only. It provides a simplified overview of Article 35 of the Indian Constitution based on the Constitution of India and relevant constitutional principles available at the time of writing. It should not be treated as legal advice. The interpretation and application of Article 35 may evolve through constitutional amendments and judicial decisions. For guidance on specific constitutional or legal matters, consult a qualified legal professional.
