पृष्ठ:भारत का संविधान (१९५७).djvu/७६

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17

THE CONSTITUTION OF INDIA

Part III.—Fundamental Rights.—Art. 35.

Legislation to give effect to the provisions of this part.⁠

⁠^[१]35. 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 thereof and to any adaptations and modifications that may be made therein under article 372, continuebin force until altered or repealed or amended by Parliament.

↑ In its application to the State of Jammu and Kashmir, in art. 35—

(i) references to the commencement of the Constitution shall be construed as references to the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954 (14th May, 1954);

(ii) in cl. (a) (i), the words, figures and brackets "clause (3) of article 16, clause (3) of article 32" shall be omitted; and

(iii) after cl. (b), the following clause shall be added, namely:—
"(c) no law with respect to preventive detention made by the Legislature of the State of Jammu and Kashmir, whether before or after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, shall be void on the ground that it is inconsistent with any of the provisions of this Part, but any such law shall, to the extent of such inconsistency, cease to have effect on the expiration of five years from the commencement of the said Order except as respects things done or omitted to be done before the expiration thereof".

[1] In its application to the State of Jammu and Kashmir, in art. 35—

(i) references to the commencement of the Constitution shall be construed as references to the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954 (14th May, 1954);

(ii) in cl. (a) (i), the words, figures and brackets "clause (3) of article 16, clause (3) of article 32" shall be omitted; and

(iii) after cl. (b), the following clause shall be added, namely:—
"(c) no law with respect to preventive detention made by the Legislature of the State of Jammu and Kashmir, whether before or after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, shall be void on the ground that it is inconsistent with any of the provisions of this Part, but any such law shall, to the extent of such inconsistency, cease to have effect on the expiration of five years from the commencement of the said Order except as respects things done or omitted to be done before the expiration thereof".

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