Constitution Section 35 — Legislation to give effect to the provisions of this Part

Part III — FUNDAMENTAL RIGHTS — Right to Constitutional Remedies

Constitutional

Summary

Only Parliament can make laws on certain specific matters listed in this Part, and state legislatures cannot. These matters include those covered by clauses in Articles 16, 32, 33, and 34, as well as laws that set punishments for acts declared as offences under this Part. Parliament is required to make such punishment laws as soon as possible after the Constitution begins. Any existing laws on these matters that were in force before the Constitution started will continue to be valid, with possible changes under Article 372, until Parliament changes or ends them.

Official Text

Notwithstanding anything in this Constitution,—

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

(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

(ii) 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);

(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and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.Explanation.—In this article, the expression "law in force'' has the same meaning as in article 372.