Effecting Certain Fundamental Rights – UPSC Notes – Indian Polity
Article 35 of the Indian Constitution says that only the Parliament, not the state legislatures, has the authority to make laws to enforce specific fundamental rights. This rule ensures that there is consistency across India in terms of the nature of these fundamental rights and the consequences for violating them. Article 35 covers various aspects, including:
- The Parliament has the power (and the state legislature does not) to make laws related to:
- (a) Requiring a person to live in a specific place for certain jobs or roles in a state, union territory, local authority, or other authority (Article 16).
- (b) Authorizing courts, other than the Supreme Court and high courts, to issue directions, orders, and writs for enforcing fundamental rights (Article 32).
- (c) Limiting or removing the application of Fundamental Rights for members of armed forces, police forces, etc. (Article 33).
- (d) Providing legal protection to government servants or any other person for actions taken during the operation of martial law in any area (Article 34).
- Parliament has the exclusive authority (while the legislature of a state does not) to create laws determining penalties for acts declared as offenses under fundamental rights. These acts include:
- (a) Untouchability (Article 17).
- (b) Traffic in human beings and forced labor (Article 23).
- Moreover, it is mandatory for Parliament to enact laws prescribing punishments for these acts after the commencement of the Constitution.
- Any law existing at the start of the Constitution concerning the matters mentioned earlier will remain valid until the Parliament decides to change, repeal, or modify it.
- It’s important to understand that Article 35 grants Parliament the authority to legislate on these matters, even if some of them fall within the jurisdiction of state legislatures (State List).
FAQs on Effecting Certain Fundamental Rights
FAQ 1: What is the significance of Article 33 in relation to Fundamental Rights and the armed forces?
Answer: Article 33 grants Parliament the authority to limit or remove the application of Fundamental Rights for members of armed forces, police forces, etc. This provision enables the government to impose certain restrictions on the exercise of Fundamental Rights by these personnel in the interest of maintaining discipline and ensuring the effective functioning of these forces.
FAQ 2: Can state legislatures create laws regarding offenses declared under fundamental rights?
Answer: No, state legislatures do not have the authority to create laws determining penalties for acts declared as offenses under fundamental rights. Parliament, as per Article 35, has the exclusive authority to legislate on these matters, even if they fall within the jurisdiction of state legislatures (State List). The acts include offenses such as untouchability, traffic in human beings, and forced labor, and Parliament is mandated to prescribe punishments for these acts after the commencement of the Constitution.
FAQ 3: What happens to existing laws concerning fundamental rights at the commencement of the Constitution?
Answer: Any law existing at the start of the Constitution related to offenses under fundamental rights, including untouchability, traffic in human beings, and forced labor, remains valid until the Parliament decides to change, repeal, or modify it. Parliament, under Article 35, has the authority to enact new laws on these matters, ensuring a smooth transition from pre-existing legislation to the constitutional framework.
For Complete Polity Click Here.
Join our Official Telegram Channel HERE
Subscribe to our YouTube Channel HERE
Follow our Instagram ID HERE
