DIRECTIVE PRINCIPLES OF STATE POLICY (DPSP)

DPSP Outside Part IV

• Article 335: Claims of SC/ST in public services.
• Article 350A: Provision for instruction in the mother tongue for linguistic minorities.
• Article 351: Directive for the development of the Hindi language.

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Fundamental Duties (FD)

• Both FD and DPSP help courts in examining the constitutional validity of laws.
• Fundamental Duties are enforceable by law (i.e., Parliament can enact laws to enforce them).

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Amendment of the Constitution (Article 368)

• Only two types of majority are mentioned in Article 368.
• Simple majority amendments are not considered constitutional amendments under Article 368.

Process of Constitutional Amendment

• Must be passed by a Special Majority:
  • 50% of the total membership of the House.
  • 2/3rd of the members present and voting.
• However, amendments to clauses/schedules of a Constitution Amendment Bill (CAB) require only a Simple Majority, like ordinary bills.
• Can be introduced in either House, by either a minister or a private member.
• No prior sanction of the President is required.
• 24th CAA (1971):
  • President must give assent to a constitutional amendment (cannot withhold or send for reconsideration).
• 42nd CAA (1976):
  • Distinction between Union and State laws in terms of constitutional challenges:
    • HC cannot strike down Union laws.
    • SC cannot strike down State laws.
  • No judicial review of Constitutional Amendments (later overturned by the Minerva Mills case).

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Types of Amendments