Directive Principles: Difference between revisions

Revision as of 12:07, 29 July 2024

Revision as of 08:58, 4 October 2024

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Changes in Directive Principles require a [[Constitution of India#Amendments|Constitutional amendment]] which has to be passed by a special majority of both houses of the [[Parliament of India|Parliament]]. This means that an amendment requires the approval of two-thirds of the members present and voting and by the [[majority|absolute majority]] of the house – whether the [[Lok Sabha]] or [[Rajya Sabha]].

*'''Articles 38 (2)''', was added byArby the [[Forty-fourth Amendment of the Constitution of India|Forty-fourth Amendment Act, 1978]] of the Constitution

*'''Article 31-C''', amended by the [[Forty-second Amendment of the Constitution of India|42nd Amendment Act of 1976]] seeking to upgrade the DPSPs. If laws are made to give effect to any of the Directive Principles overriding [[Fundamental Rights in India|Fundamental Rights]], they shall not be invalid on the grounds that they take away the Fundamental Rights. In [[Minerva Mills v. Union of India]] case, [[Supreme Court of India|Supreme Court]] ruled that 42nd Amendment Act to the Article 31C is not valid and [[ultra vires]].

*'''Articles 38 (2)''', was added by the [[Forty-fourth Amendment of the Constitution of India|Forty-fourth Amendment Act, 1978]] of the Constitution

*'''Articles 39A''', which directs the state to secure ''Equal justice and free legal aid'', was added by the [[Forty-second Amendment of the Constitution of India|Forty-second Amendment Act, 1976]] of the Constitution

*'''Articles 43A''', which directs the state to secure ''Participation of workers in management of industries'', was added by the [[Forty-second Amendment of the Constitution of India|Forty-second Amendment Act, 1976]] of the Constitution