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Article 35: EFFECTING CERTAIN FUNDAMENTAL RIGHTS

Only Parliament → makes laws on certain Fundamental Rights → for uniformity across India.
Amith

"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 —

  • Bihar says punishment is 1 year jail,

  • Karnataka says punishment is 3 years jail,

  • 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

  • Article 35 says: Only Parliament (not state legislatures) can make laws to give effect to certain Fundamental Rights.

  • The reason = To maintain uniformity across India in such sensitive matters.

  • 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:

  • Article 17 → Abolition of Untouchability.

  • 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

  • Any laws that existed before 1950 (when Constitution began) continue until Parliament changes or repeals them.

🔹 Why Only Parliament, Not States?

  • To avoid confusion and inequality.

  • 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.

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