LAW Notes Llb Notes Judiciary Notes

*🛡️Directive Principles Of State policy DPSP* ♟️The constitution of India aims to establish not only political democracy but also socioeconomic justice to the people to establish a welfare state. ♟️These provisions are given in Part IV of Indian Constitution. ♟️Directive Principles of state policy are in the form of instructions to the governments at the centre as well as states. ♟️Though these principles are non justiciable, they are fundamental in the governance of the country. ♟️The idea of the Directive Principles of State Policy has been taken from the Irish Republic . ♟️The Directive Principles of State policy were incorporated in our constitution in order to provide economic justice and to avoid concentration of wealth in the hands of few people. ♟️The constitution covers from Article 36 to 51 as Directive Principles of State Policy. ♟️They are unique blend of socialistic, liberal, democratic and Gandhian Principles. ♟️They describe as the ‘conscience of the constitution’. ♟️In the “State of Tamil Nadu etc. Vs L.Abu Kavur Bai” case in 1984 , the Supreme court held that although directive principles of State Policy are not enforceable, yet the court should not avoid them.

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*♟️Qualification Of Judges* ♟️A person to be appointed as a judge of the Supreme Court should have the following qualifications:- ✔️He should be a citizen of India. ✔️a) He should have been a judge of a High Court (or high courts in succession) for five years; or (b) He should have been an advocate of a High Court (or High Courts in succession) for ten years; or (c) He should be a distinguished jurist in the opinion of the president. ♟️From the above, it is clear that the Constitution has not prescribed a minimum age for appointment as a judge of the Supreme Court.

*🛡️LEADER OF THE HOUSE OF THE OPPOSITION* ♟️In each House of Parliament, there is the ‘Leader of the Opposition’. The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognised as the leader of the Opposition in that House. ♟️In a parliamentary system of government, the leader of the opposition has a significant role to play. His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government. Therefore, the leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977. ♟️They are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister. ♟️It was in 1969 that an official leader of the opposition was recognised for the first time. The same functionary in USA is known as the ‘minority leader’.

*🛡️Amendment By Simple Majority* ♟️A number of provisions in the Constitution can be amended by a simple majority of the two Houses of Parliament outside the scope of Article 368. These provisions include:- 1. Admission or establishment of new states. 2. Formation of new states and alteration of areas, boundaries or names of existing states. 3. Abolition or creation of legislative councils in states. 4. Second Schedule–emoluments, allowances, privileges and so on of the president, the governors, the Speakers, judges, etc. 5. Quorum in Parliament. 6. Salaries and allowances of the members of Parliament. 7. Rules of procedure in Parliament. 8. Privileges of the Parliament, its members and its committees. 9. Use of English language in Parliament. 10. Number of puisne judges in the Supreme Court. 11. Conferment of more jurisdiction on the Supreme Court. 12. Use of official language. 13. Citizenship–acquisition and termination. 14. Elections to Parliament and state legislatures. 15. Delimitation of constituencies. 16. Union territories. 17. Fifth Schedule–administration of scheduled areas and scheduled tribes. 18. Sixth Schedule–administration of tribal areas.

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