Home The Constitution Part III Article 35

Art. 35 Part III: Fundamental Rights

Legislation to Give Effect to Part III

Exact text — Constitution of India

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to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

In Plain English

What this Article actually means

A technical but important 'plumbing' Article — it reserves certain law-making powers connected to Part III exclusively to Parliament, not State Legislatures, even on matters that might otherwise fall within a State's domain. This includes prescribing punishment for offences created by this Part itself (like the punishment for practising untouchability under Article 17, or for forced labour under Article 23) — ensuring these Fundamental-Rights-related criminal offences have a uniform, nationwide legal standard rather than varying state by state.

Why This Matters To You

How it shows up in everyday life

This is why laws punishing untouchability (Protection of Civil Rights Act) or forced labour (Bonded Labour System Act) are central/national laws applicable uniformly across India, rather than a patchwork of different state laws with different punishments for the same Part III violations.

Read alongside this one

Art. 17 — Abolition of Untouchability Art. 23 — Prohibition of Human Trafficking and Forced Labour

Frequently Asked

Quick answers about Article 35

Why does this matter to an ordinary citizen?

It ensures the punishment for violating certain Fundamental Rights (like the ban on untouchability) is consistent nationwide — you get the same legal protection and the offender faces the same kind of consequences whether the violation happens in one state or another.

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The text above reproduces Article 35 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.