Constitutional text

(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 prescribed or done 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respect to any of the matters referred to in sub-clause (a) of this clause shall continue in force until altered or repealed or amended by Parliament.

Source: Constitution of India, as published by the Ministry of Law and Justice.

History and context

The Constituent Assembly recognised that if state legislatures could independently make laws implementing or restricting certain Fundamental Rights (particularly those of armed forces under Article 33 and emergency-related rights under Article 34), the result would be a patchwork of inconsistent rights across India's states. A soldier's rights in Tamil Nadu could differ from a soldier's rights in Punjab. The framers chose uniformity. Article 35 centralises legislative power over these specific matters in Parliament alone, ensuring that the implementation of certain Fundamental Rights provisions is nationally consistent. The second clause continues pre-independence laws in force for these matters until Parliament replaces them, preventing a legal vacuum at commencement.

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Last reviewed: 3 July 2026