Legislation to give effect to the provisions of this Part

Article 27, Draft Constitution of India 1948

Notwithstanding anything elsewhere contained in this Constitution, Parliament shall have, and the Legislature of a State for the time being specified in Part I or Part III of the First Schedule shall not have, power to make laws-

(a) With respect to any of the matters which under this Part are required to be provided for by legislation by Parliament, and

(b) 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 to provide for such matters and for prescribing punishment for such acts:

Provided that any law in force in the territory of India or in any part thereof with respect to any of the matters referred to in clause (a) of this article or providing for punishment for any act which is declared to be an offence under this Part shall continue in force therein until altered or repealed or amended by Parliament or other competent authority.

Article 35, Constitution of India 1950

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to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.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

Article 35 gives Parliament the exclusive power to make laws relating to Articles 16 (3), 32 (3), 33 and 34. Further, this Article enables the Parliament to prescribe punishment to offences under the fundamental rights part. The Draft Article was debated on 9 December 1948.

The original Draft Article, as introduced by the Drafting Committee, gave Parliament the power to make laws related to any fundamental rights. However, the Chairman of the Drafting Committee moved an amendment to restrict this to specific fundamental rights under Articles 16 (3), 32 (3), 33 and 34. One member was concerned by this move: he argued that the amendment would dilute the legislative powers of the Parliament. In response, the Chairman of the Drafting Committee noted that through his amendment ‘only in specific matters that Parliament has been given this penal authority’. His amendment merely reiterates the specific legislative power under Articles 16 (3), 32 (3), 33 and 34.

The amendments moved by the Chairman of the Drafting Committee were accepted. The Assembly adopted the Article, as amended, on 9 December 1948.