"Friends, listen carefully… Our Constitution says untouchability is abolished (Article 17). But just writing that in the Constitution is not enough, right? We need a law to punish people who still practice it. Now imagine if every state made its own law —
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Bihar says punishment is 1 year jail,
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Karnataka says punishment is 3 years jail,
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Tamil Nadu says punishment is just a fine.
Then what will happen? There will be confusion and no uniformity in India.
That’s why our Constitution in Article 35 clearly says: ‘Only Parliament can make laws in such matters, not the states.’
👉 So, Parliament made one single law for the whole country — Protection of Civil Rights Act, 1955 for untouchability.
This way, punishment is uniform all over India. No matter if you are in Bihar or Karnataka, the same rule applies."
✅ This makes Article 35 super clear:
Only Parliament → makes laws on certain Fundamental Rights → for uniformity across India.
🔹 Intro to Article 35
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Article 35 says: Only Parliament (not state legislatures) can make laws to give effect to certain Fundamental Rights.
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The reason = To maintain uniformity across India in such sensitive matters.
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Even if something normally falls under the “State List,” Parliament gets the power here.
🔹 What Parliament Alone Can Do under Article 35
1. Make Laws on These Matters
(a) Article 16 (Equality of Opportunity)
👉 Parliament can decide rules about residence requirement for certain government jobs in a state/UT.
Example: Parliament may say: “For village-level teacher jobs in Mizoram, only local residents can apply.”
(b) Article 32 (Right to Constitutional Remedies)
👉 Only Parliament can allow courts other than SC/HC to issue writs.
(c) Article 33 (Armed Forces)
👉 Only Parliament can make laws to restrict FRs of armed forces, police, intelligence agencies etc.
(d) Article 34 (Martial Law)
👉 Only Parliament can pass laws to protect Army/government officers for acts done during Martial Law.
2. Prescribe Punishments for Violating Certain FRs
Parliament decides the punishments for these offences:
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Article 17 → Abolition of Untouchability.
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Article 23 → Ban on Human Trafficking & Forced Labour.
👉 Example: The Protection of Civil Rights Act, 1955 (for untouchability) and Bonded Labour System (Abolition) Act, 1976 were made under this power.
3. Continuity of Old Laws
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Any laws that existed before 1950 (when Constitution began) continue until Parliament changes or repeals them.
🔹 Why Only Parliament, Not States?
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To avoid confusion and inequality.
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Example: If one state punishes untouchability with 6 months jail and another with 3 years jail, there will be no uniformity.
👉 So only Parliament handles these sensitive issues.