Article 35 of the Costitution of India with Case law
Here is a detailed explanation of Article 35 of the Constitution of India, including its text, purpose, and important case laws.
🇮🇳 Article 35 – Legislation to give effect to the provisions of this Part
📜 Full Text of Article 35:
Notwithstanding anything in this Constitution,
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws—
with respect to any of the matters which under clause (3) of Article 16, clause (3) of Article 23, and clause (3) of Article 24 may be provided for by law;
with respect to any matter which under clause (1) of Article 33 and Article 34 may be provided for by law;
(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 (a) 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and to any adaptations and modifications that may be made therein under Article 372, continue in force until altered or repealed or amended by Parliament.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:
Article 35 empowers only the Parliament to make laws relating to certain Fundamental Rights under:
Article 16(3) – Reservation in public employment for certain backward classes.
Article 23(3) – Prohibition of forced labour.
Article 24(3) – Prohibition of child labour.
Article 33 – Power to modify rights of armed forces, paramilitary forces, etc.
Article 34 – Restriction of rights during martial law.
👉 This ensures uniformity across the country in such sensitive matters.
⚖️ Important Case Laws on Article 35:
1. State of Jammu & Kashmir v. Triloki Nath Khosa (1974 AIR 1)
Issue: Whether Parliament can frame rules and laws regarding service and reservation.
Held: The Supreme Court upheld that Parliament has exclusive power to make laws under Article 35 read with Article 16(3).
2. Indra Sawhney v. Union of India (1992 Supp (3) SCC 217) – Mandal Commission Case
Relevance: Though not directly on Article 35, it referred to Parliament’s power under Article 16(3) (which Article 35 protects).
Held: Parliament alone can determine "backward classes" for reservation under Article 16(4) and 16(3).
3. People’s Union for Civil Liberties (PUCL) v. Union of India (2003) 4 SCC 399
Although not about Article 35 directly, it touched on the idea that fundamental rights cannot be diluted unless by procedure established by law – which under Article 35 must come from Parliament only for certain areas.
🔒 Special Note on Jammu & Kashmir (Before Abrogation of Article 370):
Article 35A (now abrogated) was inserted via Presidential Order of 1954 and derived its legal foundation from Article 35.
Article 35A allowed the Jammu & Kashmir legislature to define "permanent residents" and restrict their rights — a unique and controversial provision.
✅ Summary Table:
| Provision | Subject | Who Can Legislate |
|---|---|---|
| Article 16(3) | Employment under State | Parliament only |
| Article 23(3) | Forced labour | Parliament only |
| Article 24(3) | Child labour | Parliament only |
| Article 33 | Modify rights for armed forces | Parliament only |
| Article 34 | Martial law | Parliament only |
📝 Conclusion:
Article 35 acts as a safeguard to ensure exclusive power of Parliament in delicate areas like:
Fundamental rights restrictions
Security forces
Reservations and service conditions
It prevents fragmentation of law and ensures national consistency.
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