UPSC- Fundamental Rights-28 -Article 35- IAS General Studies- Indian Polity- by Dr...

UPSC- Fundamental Rights-28 -Article 35- IAS General Studies- Indian Polity- by Dr Ashok Dhamija

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Article 35 of the Constitution lays down as under (also freely subscribe to our YouTube Education channel with about 100 free videos on UPSC IAS and other competitive examinations):

  1. 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and to any adaptations and modifications that may be made therein under Article 372, continue in force until altered or repealed or amended by Parliament.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.

Article 35(a)(i):

Article 35(a)(i) lays down that power to make laws on the following matters is conferred only on the Parliament, and NOT the State Legislatures:

  • Article 16(3): prescribing residence within a State as a necessary qualification for employment in the State.
  • Article 32(3): empowering courts other than the Supreme Court to exercise power to issue directions, orders or writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, for enforcement of fundamental rights.
  • Article 33: providing for restrictions on or abrogation of the fundamental rights of the members of the armed forces, police forces, intelligence agencies so as to ensure proper discharge of their duties and the maintenance of discipline among them.
  • Article 34: passing of a law to indemnify after operation of martial law in any area.

 

Article 35(a)(ii):

Likewise, Article 35(a)(ii) lays down that power for prescribing punishment for those acts which are declared to be offences under Part 3 of the Constitution, is conferred only on the Parliament, and NOT the State Legislatures. Such matters are:

  • Article 17: prescribing punishment for enforcement of any disability arising out of untouchability.
  • Article 23(1): prescribing punishment for traffic in human beings and imposition of begar and other forms of forced labour.

 

Article 35(b):

Article 35(b) lays down that any law existing on the date of the Constitution coming into force and dealing with any of the matters mentioned in Article 35(a), will remain in force (even if it might have been made by a State legislature) until it is altered, repealed or abrogated by the Parliament.

 

Watch the YouTube video with full explanation:

This YouTube video is Part 28 of the video series on Fundamental Rights guaranteed under the Constitution of India. It covers Article 35 of the Constitution which deals with Legislation to give effect to the provisions of Part 3 of the Constitution.

This video is useful for the aspirants of the UPSC Civil Services Examination (for IAS, IPS, IFS, and Group-A Central Services) for the General Studies, Paper 2, for Indian Polity. This lecture is also useful for those appearing for Judicial Service Examinations in India, as also for law students, and also for aspirants of other competitive examinations.

This video has been prepared by Dr. Ashok Dhamija, a former IPS.

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