Article 35 of the Indian Constitution

Article 35 of the Indian Constitution – Legislation to Give Effect to Fundamental Rights When you study Fundamental Rights in the Constitution of Indi

Article 35 of the Indian Constitution – Legislation to Give Effect to Fundamental Rights

When you study Fundamental Rights in the Constitution of India, most attention goes to Articles like 14, 19, or 21. But behind the scenes, there’s one provision quietly ensuring that these rights actually work in real life—Article 35.

It doesn’t grant rights. It doesn’t define them.
Instead, it answers a crucial practical question:

👉 Who has the power to make laws to enforce Fundamental Rights?

The answer: Parliament.

Let’s unpack Article 35 in a clear, human way so you understand both its logic and its importance.

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What Does Article 35 Say?

In simple terms, Article 35 provides that:

Only Parliament (and not State Legislatures) has the authority to make laws on certain matters related to Fundamental Rights.

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Why Article 35 Exists

Imagine this situation:

• Different states start making their own rules on citizenship, fundamental rights restrictions, or human trafficking laws
• Each state has different standards

👉 That would create chaos.

So the Constitution makers decided:

• Some matters must be uniform across India
• Only Parliament should handle them

That’s the core idea behind Article 35.

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Key Areas Covered Under Article 35

Article 35 specifically gives Parliament exclusive power to legislate on matters related to:

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1. Article 16(3) – Residence Requirement for Jobs

Normally, equality means everyone can apply for government jobs anywhere in India.

But Article 16(3) allows Parliament to:

👉 Set residence requirements for certain jobs

Important point:

• Only Parliament can do this
• States cannot create such restrictions on their own

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2. Article 32(3) – Power of Courts

Article 32 gives the right to approach the Supreme Court for enforcement of Fundamental Rights.

Article 35 allows Parliament to:

👉 Empower other courts to exercise similar powers

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3. Article 33 – Restriction of Rights for Armed Forces

Parliament can:

• Restrict Fundamental Rights of armed forces
• Ensure discipline and efficiency

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4. Article 34 – Martial Law Situations

As discussed earlier, Article 34 allows:

• Indemnity during martial law

Article 35 ensures:

👉 Only Parliament can make such indemnity laws

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5. Article 23 – Human Trafficking & Forced Labour

Parliament can make laws to:

• Prohibit trafficking
• Prevent forced labour

Example:

• Immoral Traffic (Prevention) Act

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6. Article 24 – Child Labour

Parliament can create laws to:

• Prohibit child labour in hazardous industries

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Key Features of Article 35

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1. Exclusive Power of Parliament

This is the most important feature.

👉 States cannot legislate on these matters

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2. Uniformity Across India

Ensures:

• Same rules across all states
• No regional inconsistencies

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3. Strengthens Fundamental Rights

Article 35 ensures rights are not just theoretical:

👉 They are backed by proper laws

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Practical Examples

Let’s make it simple.

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Example 1: Human Trafficking Law

If India wants stricter anti-trafficking laws:

👉 Only Parliament can pass them under Article 35

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Example 2: Armed Forces Discipline

If rules are needed to restrict speech of soldiers:

👉 Parliament makes the law

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Example 3: Job Eligibility

If residence-based reservation is needed:

👉 Parliament decides—not states

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Relationship with Other Articles

Article 35 works closely with:

• Article 14 (Equality)
• Article 19 (Freedom)
• Article 21 (Life and Liberty)
• Article 32 (Remedies)

It acts as a support system for these rights.

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Role of Judiciary

The Supreme Court of India ensures:

• Laws made under Article 35 are constitutional
• Parliament does not misuse its power

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Why Article 35 is Important

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1. Prevents Legal Confusion

Without it:

• Each state could make different rules
• Citizens would face inconsistency

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2. Ensures National Unity

Uniform laws help maintain:

• Equality
• Stability

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3. Makes Rights Effective

Fundamental Rights need laws to function.

👉 Article 35 provides that mechanism

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Criticism of Article 35

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1. Limits State Power

States may feel restricted because:

• They cannot legislate on certain matters

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2. Centralization of Authority

Gives more power to the central government.

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Quick Summary

• Article 35 gives Parliament exclusive power
• Covers key Fundamental Rights areas
• Ensures uniform laws across India
• Supports enforcement of rights
• Limits state interference

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Final Thoughts

Article 35 might not look exciting, but it’s incredibly important.

It ensures that Fundamental Rights are not just promises—but practically enforceable across the entire country.

It tells us:

“Some rights are too important to be handled differently in different states.”

And that’s what makes India’s constitutional system both unified and effective.