Simone Lawson
The First Amendment to the Indian Constitution, passed in 1951, was aimed at addressing legal and constitutional challenges faced by the Provisional Parliament in the early years of the Republic of India. The amendment was a response to a series of Supreme Court and High Court judgments that had struck down provisions of public safety laws, press-related laws, and criminal provisions as incompatible with citizens' fundamental rights, particularly the right to freedom of speech and expression. The First Amendment made changes to Articles 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376, with the primary objective of balancing citizens' rights with the evolving needs of the nation.
| Characteristics | Values |
|---|---|
| Year of Amendment | 1951 |
| Objective | To address legal and constitutional challenges faced in the early years of the Republic of India |
| Amendments | Articles 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376 |
| Article 15 Amendment | To promote the educational and economic interests of weaker sections of the people and protect them from social injustice |
| Article 19 Amendment | To limit freedom of speech and expression and impose restrictions on the right to property |
| Ninth Schedule | Introduced to protect land reforms and other laws from judicial review |
| Article 31 | Laws in the Ninth Schedule cannot be challenged on the basis of violating fundamental rights |
| Article 31A | Gives the state power to acquire estates or take over management of any property or corporation in the public interest |
| Article 31B | Added after the Ninth Schedule |
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What You'll Learn
Freedom of speech and expression
The First Amendment to the Constitution of India, enacted in 1951, introduced several changes related to freedom of speech and expression. The amendment aimed to address legal and constitutional challenges faced by the government in the early years of the republic.
One of the key changes made by the First Amendment was the introduction of limitations to freedom of speech and expression. This was in response to judicial decisions that prevented the government from carrying out its perceived obligations. The amendment provided a way to control freedom of speech by allowing for "reasonable restrictions" on this right in the interests of national security, friendly relations with foreign states, public order, decency, morality, contempt of court, defamation, or incitement to an offence. The amendment also introduced the specific terms ""public order" and "incitement to an offence" into the Constitution, giving the government more power to curb free speech.
The need to control freedom of speech arose in 1950 when the government faced severe criticism in the press for its handling of the refugee crisis in West Bengal and extrajudicial killings of communist activists in Madras. The government's initial response was to censor the press, but this was deemed unconstitutional by the courts. As a result, the government turned to justifying the need to restrict freedom of speech through judicial interpretations. Some courts held that the right to freedom of speech and expression was so comprehensive that it protected even those who advocated for murder and other crimes of violence.
The First Amendment also amended Article 19 (1)(a) of the Constitution, which dealt with the right to freedom of speech and expression. The amendment sought to limit the comprehensive nature of this right and allow for restrictions when necessary. This change sparked a nationwide debate, with critics arguing that it damaged the basic structure of the Constitution and negatively impacted democratic freedoms.
In addition to the changes related to freedom of speech and expression, the First Amendment also addressed land reforms, zamindari abolition, and the right to equality. It amended various articles of the Constitution, including 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376, among others. The Ninth Schedule was introduced to protect land reforms and specific laws from judicial review, but it has since been widely criticised for exempting certain laws from scrutiny and enabling their misuse.
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Land reforms
The First Amendment to the Constitution of India, enacted in 1951, introduced several changes related to land reforms and the right to property. One of the key objectives of the amendment was to address legal and constitutional challenges faced by the government in implementing land reform measures.
Article 19(1)(f) and Article 31, which pertained to the right to acquire, hold, and dispose of property, were amended to grant the government the authority to impose reasonable restrictions on property rights for land reform and the acquisition of property for public welfare. This amendment aimed to protect the government's ability to carry out land reforms and address issues related to refugee influx and extrajudicial killings that had drawn severe criticism from the press.
The First Amendment also included provisions to secure the constitutional validity of zamindari abolition laws. Zamindari referred to a land tenure system where landlords, or zamindars, held large estates and collected rent from tenant farmers. The amendment supported land reforms aimed at abolishing this system and redistributing land to those who worked on it.
Furthermore, the amendment added the Ninth Schedule to the Constitution, which listed various laws that were exempt from judicial review. This schedule included land reform laws, ensuring that they could not be easily challenged in court, thus facilitating the implementation of large-scale land reform programs without legal hurdles.
While the First Amendment addressed land reform issues, it also made changes to freedom of speech and expression. It amended Article 19(2) to include "reasonable restrictions" on freedom of speech and expression in the interests of public order, decency, morality, and national security. This amendment sparked debates and legal challenges, with critics arguing that it gave the government too much power to curb free speech and potentially neglect national security.
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Equality and special provisions
The First Amendment Act of 1951 was passed by the Provisional Parliament of India to address certain legal and constitutional challenges that arose in the early years of the Republic of India. It aimed to modify specific provisions of the Constitution to overcome legal hurdles and align with the evolving needs of the nation.
One of the key focuses of the First Amendment was to ensure equality and special provisions for vulnerable groups. The amendment aimed to secure the constitutional validity of zamindari abolition laws and make it clear that the right to equality does not prevent the state from passing laws that give "particular consideration" to society's most vulnerable groups. This included the advancement of any socially and educationally backward classes of citizens, as well as the Scheduled Castes and the Scheduled Tribes.
The First Amendment also made changes to Article 19(2) of the Constitution, which deals with reasonable restrictions on the freedom of speech and expression. The amendment introduced the term "`reasonable`" to the restrictions, allowing courts to review the validity of restrictions imposed by Parliament. Additionally, the specific terms "public order" and "incitement to an offence" were added to Article 19(2), allowing for restrictions on freedom of speech and expression in the interest of public order and in relation to incitement to an offence.
The First Amendment established a precedent for modifying the Constitution to overcome judicial decisions that restricted the government's ability to carry out its perceived responsibilities. It also addressed challenges to agrarian laws and land reform, providing for the acquisition of estates and the protection of land reforms and other laws from judicial review.
The implications of the First Amendment have been a subject of political debate and legal challenges, with some arguing that it damages the basic structure of the Constitution and impacts the freedom of speech and trade. The Ninth Schedule, introduced by the amendment, has been particularly controversial due to its absolute exemption from judicial scrutiny, leading to misuse.
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Fundamental rights
The First Amendment Act of 1951 was passed by India's Provisional Parliament to amend the Fundamental Rights clauses of the Indian Constitution. The Amendment was a response to a series of Supreme Court and High Court judgments that struck down provisions of public safety laws, press-related laws, and criminal provisions that were deemed to conflict with citizens' fundamental rights.
The First Amendment made changes to Articles 15 and 19 of the Constitution. Article 15, which pertains to the right to equality, was amended to include a provision that allowed the State to make special provisions for the advancement of any socially and educationally backward classes of citizens, as well as the Scheduled Castes and Tribes. This amendment clarified that the right to equality does not prevent the State from giving "particular consideration" to vulnerable groups.
Article 19, which deals with the right to freedom of speech and expression, was also amended. The Amendment introduced the term reasonable to the restrictions imposed on this right, allowing for judicial review of the validity of restrictions imposed by Parliament. It also added the specific terms public order and incitement to an offence to the article, giving the State more power to curb free speech in the interests of national security, friendly relations with foreign States, public order, decency, or morality. The Amendment further impacted citizens' right to practise any profession or carry on any occupation, trade, or business, as this right became subject to reasonable restrictions imposed by the State in the interests of the general public.
In addition to these changes, the First Amendment Act also addressed the right to property, providing the government with more authority to impose restrictions on the acquisition and disposal of property for land reform and public welfare. The Amendment also made minor changes to various other articles, including those related to the convening and proroguing of Parliament, and added the Ninth Schedule to protect land reforms and other laws from judicial review.
The First Amendment has been controversial, with critics arguing that it damages the basic structure of the Constitution and impacts fundamental freedoms, such as freedom of speech and freedom to trade. There have been several petitions and political debates challenging the validity of the Amendment, and some have urged the court to declare certain sections of the Amendment beyond the amending power of Parliament.
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Right to property
The First Amendment Act of 1951 was passed by the Provisional Parliament of India to address certain legal and constitutional challenges that arose in the early years of the Republic of India. One of the significant changes introduced by the First Amendment Act was related to the right to property.
Article 19(1)(f) and Article 31
The First Amendment Act amended Article 19(1)(f) and Article 31 of the Constitution, which dealt with the right to acquire, hold, and dispose of property. The amendment aimed at providing the government with the authority to impose reasonable restrictions on the right to property for land reform and the acquisition of property for public welfare.
Article 31(A)
Article 31(A) was inserted into the Constitution by the First Amendment Act. This article vested enormous power in the State with respect to the acquisition of estates or taking over the management of any property or corporation in the public interest. It sought to exclude such acquisitions from the scope of judicial review under Articles 14 and 19.
Ninth Schedule
The Ninth Schedule was introduced to the Constitution by the First Amendment Act to protect land reforms and other laws included in it from judicial review. The Ninth Schedule has been widely criticised for its absolute exemption from judicial scrutiny, which has led to its misuse.
Article 19(1)(g)
The First Amendment Act also amended Article 19(1)(g), which deals with the right of citizens to practise any profession or to carry on any occupation, trade, or business. This right is subject to reasonable restrictions that the laws of the State may impose "in the interests of the general public".
Overall, the First Amendment Act of 1951 made significant changes to the right to property in India, providing the government with greater authority to impose restrictions on property rights for land reform and public welfare purposes.
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Frequently asked questions
The First Amendment Act of 1951 was passed by the Provisional Parliament to amend the Fundamental Rights clauses of the Indian Constitution.
The primary objective of the First Amendment was to address certain legal and constitutional challenges that arose in the early years of the Republic of India. It aimed to modify specific provisions of the Constitution to overcome legal hurdles and better align with the evolving needs of the nation.
The First Amendment made changes to Articles 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376. It amended the Fundamental Rights clauses, including the right to freedom of speech and expression, and supported measures to abolish zamindari.
The First Amendment introduced restrictions on freedom of speech and expression, particularly in relation to "public order" and "incitement to an offence". This was in response to judicial decisions that prevented the government from curbing abusive speech.
The First Amendment has been controversial and has sparked political debates about democracy and the basic structure of the Constitution. There have been legal challenges, with petitions arguing that it damages the basic structure doctrine and impacts national security.
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