Legislation to give effect to the provisions of this Part

Quick Summary (TL;DR)

Article 35 (Legislation to give effect to the provisions of this Part): Enforceable Part III Fundamental Right and constitutional safeguard.

In Simple Citizen Words

Article 35 ('Legislation to give effect to the provisions of this Part') is part of Part III (Fundamental Rights). It regulates how Fundamental Rights operate, including constitutional savings for agrarian/welfare reforms (Articles 31A–31C), application of rights to Armed Forces and police (Article 33), martial law restrictions (Article 34), or Parliament's exclusive power to make laws enforcing Part III rights (Article 35).

What Rights You Have

Constitutional Mandate (Art. 35): Directly codifies the legal rule for 'Legislation to give effect to the provisions of this Part' under Part III

Structured across 2 clause(s) and 5 sub-clause(s) with clear procedural conditions

Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action

Exceptions & Reasonable Restrictions

Subject to the Basic Structure doctrine (Kesavananda Bharati & I.R. Coelho rulings); even Ninth Schedule laws passed after 24 April 1973 are open to judicial review if they damage fundamental constitutional principles.

Why This Matters in Daily Life

Balances individual Fundamental Rights with socio-economic welfare reforms and national security discipline under judicial oversight.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Dr. B. R. Ambedkar & Sardar Vallabhbhai Patel

Fundamental Rights Committee • November 25 – December 13, 1948

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 35: Ensuring Fundamental Rights are judicially enforceable against the State and immune from transient parliamentary majorities while allowing social reform.

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"The declaration of Fundamental Rights will be a silent revolution... The rights are given not by the legislature, but by the Constitution. No legislature can take them away without altering the fundamental law."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 35: Enacted Articles 12–35 with judicial invalidation of conflicting laws (Art 13) and guaranteed apex judicial enforcement via prerogative writs (Art 32).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 35 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Notwithstanding anything in this Constitution,—

Sub-clause (a)

Parliament shall have, and the Legislature of a State shall not have, power to make laws—

Sub-clause (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

Sub-clause (ii)

for prescribing punishment for those acts which are declared to be offences under this Part;

Sub-clause (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.

Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Legislation to give effect to the provisions of this Part

🟢 Original 1950 Text Intact (Zero Textual Repeal) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly of India. The foundational constitutional text of Article 35 (Legislation to give effect to the provisions of this Part) has remained intact since Day 1 without parliamentary deletion or repeal.

CURRENT ENFORCEABLE STATUS (TODAY)

100% Original 1950 Text Enforceable Today: Article 35 (Legislation to give effect to the provisions of this Part): Enforceable Part III Fundamental Right and constitutional safeguard.

Key Amendment Milestones & Textual Modifications

Original Enactment by the Constituent Assembly

Year 1950

Why it happened: Crafted by the Founding Fathers & Mothers with enduring constitutional clarity; its core text has stood untouched for over 75 years.

                                    Status: 🟢 Unchanged Since 26 January 1950 — Original Constitutional Mandate Preserved Intact                                

Article 34 Ask Nyaya Saarthi AI About This Article Article 36

Emergency Citizen Helplines

Legislation to give effect to the provisions of this Part

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications