Article 35 of Indian Constitution

Article 35 of Indian Constitution: Legislation to give effect to the provisions of this Part

Article 35 Legislation to give effect to the provisions of this Part – Constitution of India

Notwithstanding anything in this Constitution,—

1. Parliament shall have, and the Legislature of a State shall not have, power to make laws—
   1. 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
   2. for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);
2. 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
   1. of clause (a) or providing for punishment for any act referred to in sub-clause
   2. 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and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.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.

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What is Article 35 of Indian Constitution

In simpler terms, Article 35 can be summarized as follows:

1. The provisions of Part IV of the Indian Constitution, which contains the Directive Principles of State Policy, are not enforceable by any court of law. However, these principles are fundamental in the governance of the country, and it is the duty of the State to apply them while making laws.
2. The State must ensure that the legal system promotes justice on the basis of equal opportunity. This includes providing free legal aid through legislation or schemes to ensure that access to justice is not denied to any citizen due to economic or other barriers.

Article 35 emphasizes the importance of the Directive Principles as guiding principles for the government while highlighting that they are not legally enforceable in the same way as fundamental rights. However, they play a significant role in shaping policies and legislation in India.

Constitution Of India Part 3 Fundamental Rights – Articles 12 to 35