ARTICLE 35: Legislation to give effect to the provisions of this Part

— CONSTITUTION OF INDIA —

ARTICLE 35: Legislation to give effect to the provisions of this Part

35. Legislation to give effect to the provisions of this Part.-
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force until altered or repealed or amended by Parliament.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.

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ARTICLE 34: Restriction on rights conferred by this Part while martial law is in force in any area

— CONSTITUTION OF INDIA —

ARTICLE 34: Restriction on rights conferred by this Part while martial law is in force in any area

34. Restriction on rights conferred by this Part while martial law is
in force in any area.- Notwithstanding anything in the foregoing
provisions of this Part, Parliament may by law indemnify any person in
the service of the Union or of a State or any other person in respect
of any act done by him in connection with the maintenance or
restoration of order in any area within the territory of India where
martial law was in force or validate any sentence passed, punishment
inflicted, forfeiture ordered or other act done under martial law in
such area.

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ARTICLE 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

— CONSTITUTION OF INDIA —

ARTICLE 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

_37[33. Power of Parliament to modify the rights conferred by this
Part in their application to Forces, etc.- Parliament may, by law,
determine to what extent any of the rights conferred by this Part
shall, in their application to,-
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public
order; or
(c) persons employed in any bureau or other organisation established
by the State for purposes of intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication
systems set up for the purposes of any Force, bureau or organisation
referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of
their duties and the maintenance of discipline among them.]

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ARTICLE 32A: [Repealed.]

— CONSTITUTION OF INDIA —

ARTICLE 32A: [Repealed.]

_36[32A. [Constitutional validity of State laws not to be
considered in proceedings under article 32.] Rep. by the
Constitution (Forty-third Amendment) Act, 1977, s. 3 (w.e.f. 13-4-
1978).

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ARTICLE 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

— CONSTITUTION OF INDIA —

ARTICLE 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

_37[33. Power of Parliament to modify the rights conferred by this
Part in their application to Forces, etc.- Parliament may, by law,
determine to what extent any of the rights conferred by this Part
shall, in their application to,-
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public
order; or
(c) persons employed in any bureau or other organisation established
by the State for purposes of intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication
systems set up for the purposes of any Force, bureau or organisation
referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of
their duties and the maintenance of discipline among them.]

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ARTICLE 32: Remedies for enforcement of rights conferred by this Part

— CONSTITUTION OF INDIA —

ARTICLE 32: Remedies for enforcement of rights conferred by this Part

32. Remedies for enforcement of rights conferred by this Part.-
(1) The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders
or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be
appropriate, for the enforcement of any of the rights conferred by
this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by
clauses (1) and (2), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the
powers exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except
as otherwise provided for by this Constitution.

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ARTICLE 31D: [Repealed.]

— CONSTITUTION OF INDIA —

ARTICLE 31D: [Repealed.]

_35[31D. [Saving of laws in respect of anti-national
activities.] Rep. by the Constitution (Forty-third Amendment) Act,
1977, s. 2 (w.e.f. 13-4-1978).

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ARTICLE 31C: Saving of laws giving effect to certain directive principles

— CONSTITUTION OF INDIA —

ARTICLE 31C: Saving of laws giving effect to certain directive principles

_31[31C. Saving of laws giving effect to certain directive
principles.Notwithstanding anything contained in article 13, no law
giving effect to the policy of the State towards securing _32[all or any
of the principles laid down in Part IV] shall be deemed to be void on the
ground that it is inconsistent with, or takes away or abridges any of the
rights conferred by _33[article 14 or article 19]; _34and no law
containing a declaration that it is for giving effect to such policy
shall be called in question in any court on the ground that it does not
give effect to such policy
Provided that where such law is made by the Legislature of a State,
the provisions of this article shall not apply thereto unless such
law, having been reserved for the consideration of the President, has
received his assent.]

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