ARTICLE 34, 35 OF CONSTITUTION OF INDIA 1949

What is Restriction on rights conferred by this Part while martial law is in force in any area? What is Legislation to give effect to the provisions of this Part? Article 34 and 35 of Constitution of India, 1949

Restriction on rights conferred by this Part while martial law is in force in any area and Legislation to give effect to the provisions of this Part are defined under Article 34 and 35 of Constitution of India 1949. Provisions under these Articles are:

 

 

Article 34 of Constitution of India "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

 

Article 35 of Constitution of India "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 there of and to any adaptations and modifications that may be made therein under Article 372, continue in force until altered or repealed or amended by Parliament.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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