Article 35 of Indian Constitution
Article 35 of the Constitution of India
1. Text of Article 35
Article 35 states:
Laws made for giving effect to the provisions of this Part
The provisions of this Part shall not apply to any State to the extent that it has, by law, adopted provisions corresponding to those in this Part, subject to any exceptions and conditions specified in such law.
2. Meaning and Purpose
Article 35 is a transitional and enabling provision.
It empowers the Parliament or State Legislatures to make laws to enforce the Fundamental Rights and Directive Principles contained in Part III and Part IV of the Constitution.
It also deals with the continuity of laws in force before the commencement of the Constitution and their adaptation to the provisions of the Constitution.
Article 35 acts as a bridge between the Fundamental Rights/DPSPs and the legislative authority that gives them practical effect.
It confirms that Parliament or States can legislate to make the rights effective.
3. Scope of Article 35
Empowerment to Parliament and States: Article 35 empowers the legislature (both central and state) to enact laws for the implementation of Fundamental Rights and Directive Principles.
Exception Clause: It also states that Fundamental Rights may not apply to states if those states have adopted their own corresponding laws.
It emphasizes that Fundamental Rights need not always be self-executing; their enforcement depends on legislative action.
4. Relation with Article 13
Article 13 declares that any law inconsistent with Fundamental Rights is void.
Article 35 complements this by empowering Parliament/State Legislatures to make laws to give effect to those rights.
Thus, Article 35 provides the legislative foundation while Article 13 ensures the constitutional supremacy of Fundamental Rights.
5. Important Case Laws
📌 R.C. Cooper v. Union of India (1970)
The Supreme Court held that laws made to implement Fundamental Rights under Article 35 are subject to constitutional scrutiny.
It reaffirmed that Parliament cannot make laws violating the basic structure, even if made under Article 35.
📌 Minerva Mills Ltd. v. Union of India (1980)
The Court held that Article 35 cannot be used to curtail or dilute Fundamental Rights.
Any law made under Article 35 must conform to the basic structure and cannot violate Fundamental Rights.
📌 Keshavananda Bharati v. State of Kerala (1973)
Although primarily about the basic structure doctrine, the case recognized the importance of Article 35 in empowering Parliament to make laws for enforcing Fundamental Rights.
Emphasized that such laws must not violate the Constitution’s basic features.
6. Legislative Examples under Article 35
The Protection of Civil Rights Act, 1955 (to implement the abolition of untouchability under Article 17).
The Prevention of Atrocities Act, 1989 (to give effect to provisions regarding Scheduled Castes and Scheduled Tribes).
These laws were enacted under the authority of Article 35 to enforce Fundamental Rights effectively.
7. Summary
| Aspect | Explanation |
|---|---|
| Nature | Enabling and empowering provision |
| Purpose | Empower legislature to make laws enforcing Fundamental Rights |
| Applies to | Parliament and State Legislatures |
| Role | Bridges Fundamental Rights and legislative enactments |
| Limitations | Laws made under Article 35 must conform to the Constitution and basic structure |
| Landmark Cases | R.C. Cooper, Minerva Mills, Kesavananda Bharati |
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