Article 35 of CoI : Article 35: Legislation to give effect to the provisions of this Part.

Explanation using Example

Example 1:

Scenario: The Indian Parliament decides to create a new law regarding the conduct of members of the armed forces.

Application of Article 35:

• Clause (a)(i): Parliament has the exclusive power to make laws concerning the conduct of armed forces personnel, as mentioned in Article 33. The state legislatures do not have this power.
• Clause (a)(ii): Parliament also has the authority to prescribe punishments for any offenses committed by armed forces personnel under this new law.

Outcome: The new law is valid and enforceable because it falls within the exclusive legislative domain of Parliament as per Article 35.

Example 2:

Scenario: A state government attempts to pass a law that prescribes punishment for acts of sedition.

Application of Article 35:

• Clause (a)(i): The state legislature does not have the power to make laws regarding sedition, as this is a matter that Parliament can legislate on under Article 32(3).
• Clause (a)(ii): Only Parliament can prescribe punishments for acts of sedition, as it is an offense under Part III of the Constitution.

Outcome: The state law is invalid because it encroaches upon the exclusive legislative domain of Parliament as per Article 35.

Example 3:

Scenario: A law regarding the protection of fundamental rights was in force before the commencement of the Constitution of India.

Application of Article 35:

• Clause (b): This pre-existing law will continue to be in force even after the commencement of the Constitution, subject to any adaptations or modifications made under Article 372.
• Clause (b): The law will remain effective until Parliament decides to alter, repeal, or amend it.

Outcome: The pre-existing law remains valid and enforceable until Parliament takes action to change it.