Article 35
Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
Article 35 says that only Parliament can make certain laws under Part III. State legislatures cannot make them. These laws cover residence rules for public jobs (Art. 16(3)), giving other courts the power to issue writs (Art. 32(3)), limiting the rights of the armed forces (Art. 33) and martial law (Art. 34). Only Parliament can also make laws that punish untouchability (Art. 17) and forced labour or trafficking (Art. 23). This keeps these sensitive matters the same across the whole country.
Example
The Protection of Civil Rights Act, 1955 punishes the practice of untouchability. It is a central law made by Parliament, as Article 35 requires. The Bonded Labour System (Abolition) Act, 1976 likewise punishes forced labour across India.
Don't confuse with
- Article 33: Article 33 is one of the subjects Article 35 hands to Parliament. Article 35 is the wider rule that gives Parliament alone the law-making power.
Related concepts
- Fundamental rights
- Bill of rights
- Magna Carta
- Legal rights
- Constitution of South Africa
- Constitutional rights outside Part III
- Restriction of rights of armed forces
- Martial law
- Suspension of fundamental rights during emergency