Articles 34 and 35 form part of Part III of the Constitution of India. Article 34 deals with Parliament's power concerning acts done where martial law was in force, while Article 35 reserves specified Part III legislative matters to Parliament.
What Article 34 provides: Article 34 begins with a non-obstante clause overriding the preceding provisions of Part III for its limited purpose. It authorises Parliament, by law, to indemnify persons for acts connected with maintaining or restoring order in an area of India where martial law was in force. Parliament may also validate sentences, punishments, forfeitures or other acts done under martial law in that area.
Constitutional text:
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.
Meaning: Article 34 does not itself proclaim martial law. Its text gives Parliament a legislative power to grant indemnity or validation in relation to an area where martial law was in force.
Article 35 allocates specified legislative powers exclusively to Parliament. A State Legislature does not have power to legislate on the matters identified in Article 35(a).
Article 35(a): Parliament, and not a State Legislature, has power to make laws concerning matters that may be provided for by Parliamentary law under Article 16(3), Article 32(3), Article 33 and Article 34, and to prescribe punishment for acts declared to be offences under Part III.
Article 35(b): Pre-Constitution laws concerning those matters or punishments continue, subject to their terms and adaptations or modifications under Article 372, until Parliament alters, repeals or amends them.
Explanation: For Article 35, the expression "law in force" has the same meaning as in Article 372.
The provision is directed to legislative indemnity and validation after or in connection with martial law in an area. The constitutional text specifically places this power in Parliament.
Article 35 ensures uniform Parliamentary control over certain matters connected with fundamental rights. These include residence requirements for specified public employment under Article 16(3), empowerment of other courts under Article 32(3), modification of Part III rights for specified forces and services under Article 33, matters under Article 34, and punishment for acts declared offences under Part III.
Article 35(b) preserves relevant pre-Constitution laws until Parliament alters, repeals or amends them. Its Explanation adopts the meaning of "law in force" used in Article 372.
The current constitutional wording should be checked against the official Constitution published by the Legislative Department, Ministry of Law and Justice, Government of India.
Official Constitution of India - Legislative Department
This article is an explanatory legal-information resource. For a particular dispute or proceeding, the constitutional text should be read with applicable legislation and binding judicial decisions.