Article 35 of The Constitution of India in hindi
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and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.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.
Summary
- Section 35 gives Parliament the exclusive power to make laws prescribing punishments for actions declared as offences under the fundamental rights chapter.
- State Legislatures are specifically forbidden from making laws regarding these constitutional offences and their punishments.
- It requires Parliament to make these punishment laws as soon as possible after the Constitution begins.
- Existing laws related to these matters remain in force until Parliament actively alters, repeals, or amends them.
Practical examples
FAQ
1. Can a State Legislature decide the punishment for fundamental rights violations under Section 35 of The Constitution of India?
No, Section 35 of The Constitution of India explicitly states that Parliament shall have, and the Legislature of a State shall not have, the power to prescribe punishments for those acts declared to be offences.
2. What happens to older laws under Article 35 of the Constitution?
Article 35 of the Constitution states that any law in force immediately before the commencement of the Constitution remains in force until it is altered, repealed, or amended by Parliament.
3. How quickly must Parliament act according to Section 35 of The Constitution of India?
Section 35 of The Constitution of India instructs Parliament to make laws prescribing punishments for offences as soon as may be after the commencement of the Constitution.
Test yourself
Q1.Under Section 35 of The Constitution of India, which body has the exclusive power to legislate on the military rights restrictions described in Section 33 and the martial law indemnities in Section 34?
Q2.According to Article 35 of the Constitution, who has the power to prescribe punishment for acts declared to be offences under the fundamental rights section?
Q3.What does Section 35 of The Constitution of India say about laws that existed right before the Constitution started?
Q4.Under Section 35 of The Constitution of India, what specific timeline is given for Parliament to make laws prescribing punishments for fundamental rights offences?