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and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.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


Article 12 of Indian Constitution

Article 12 of Indian Constitution: Definition Article 12 Definition - Constitution Of India In this Part, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory ...

Article 13 of Indian Constitution

Article 13 of Indian Constitution: Laws inconsistent with or in derogation of the fundamental rights Article 13 Laws inconsistent with or in derogation of the fundamental rights - Constitution Of India
  1. All laws in force in the territory of India immediately before the commencement of this Constitution, in so ...

Article 14 of Indian Constitution Right to Equality (Equality before law)

Article 14 of Indian Constitution: Right to Equality (Equality before law) Article 14 Right to Equality (Equality before law) - Constitution Of India The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Constitution Of India ...

Article 15 of Indian Constitution

Article 15 of Indian Constitution: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth – Constitution of India
  1. The State shall not discriminate against any citizen on grounds ...

Article 16 of Indian Constitution

Article 16 of Indian Constitution: Equality of opportunity in matters of public employment Article 16 Equality of opportunity in matters of public employment - Constitution of India (1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State ...

Article 17 of Indian Constitution Untouchability (Abolition of Untouchability)

Article 17 of Indian Constitution: Untouchability (Abolition of Untouchability) Article 17 Untouchability (Abolition of Untouchability) - Constitution of India “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of  Untouchability” shall be an offence punishable in accordance with law. Constitution Of India ...

 

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