Simone Lawson
The Constitution (First Amendment) Act, 1951, was passed by the Provisional Parliament, which was elected on a limited franchise. The amendment was proposed by Jawaharlal Nehru, who was India's prime minister at the time, on May 10, 1951, and passed by Parliament on June 18, 1951. The First Amendment Act amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376 of the Indian Constitution.
| Characteristics | Values |
|---|---|
| Date | 1951 |
| Passed by | Provisional Parliament |
| Prime Minister at the time | Jawaharlal Nehru |
| Motion made | May 10, 1951 |
| Passed by Parliament | June 18, 1951 |
| Articles amended | 15, 19, 85, 87, 174, 176, 341, 342, 372, 376 |
| Purpose | To address legal and constitutional challenges, and to limit freedom of speech and expression |
| Other effects | Supported measures to abolish zamindari, clarified right to equality does not preclude passing laws to aid vulnerable groups, added Ninth Schedule |
Explore related products
What You'll Learn
The first amendment was passed in 1951
The First Amendment to the Indian Constitution was passed in 1951 by the Provisional Parliament, which was elected on a limited franchise. The official name of the amendment is The Constitution (First Amendment) Act, 1951. Jawaharlal Nehru, India's prime minister at the time, made the motion on May 10, 1951, and it was passed by Parliament on June 18, 1951.
The First Amendment Act amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376 of the Indian Constitution. It also added the Ninth Schedule, which has since become controversial due to its absolute exemption from judicial scrutiny. The Ninth Schedule was intended to protect land reforms and other laws from judicial review.
The primary objective of the First Amendment Act was to address certain legal and constitutional challenges that arose in the early years of the Republic of India. One of the key issues it addressed was the right to freedom of speech and expression. The amendment limited Article 19(1)(a) of the Constitution, which had previously been interpreted by some courts as protecting even those who advocated murder and other crimes of violence in the name of freedom of speech. The amendment added three more grounds of restrictions on freedom of speech and expression: public order, friendly relations with foreign states, and incitement to an offence.
The First Amendment also supported measures to abolish zamindari and clarified that the right to equality does not prevent the passing of laws that give "particular consideration" to society's most vulnerable groups. It also provided for the saving of laws providing for the acquisition of estates and inserted Articles 31A and 31B after Article 31.
The First Amendments: Constitutional Drafting History
You may want to see also
It limited freedom of speech and expression
The Constitution (First Amendment) Act, 1951, limited freedom of speech and expression. It was passed by the Provisional Parliament, which was elected on a limited franchise. The main purpose of the Act was to amend Article 19, which guaranteed citizens the right to freedom of speech and expression. The Amendment substituted the original Clause (2) of Article 19 with a new one, which allowed restrictions "in the interest of public order" and "in relation to incitement to an offence".
The need to control freedom of speech arose in 1950 when the Nehru administration came under severe criticism in the press regarding its response to the refugee crisis in West Bengal and the extrajudicial killings of communist activists in Madras. The government censored the press, but this was deemed unconstitutional by the Courts. The administration then used judicial judgments to justify the need to dilute freedom of speech, claiming that other countries with written constitutions allowed the state to punish or prevent the abuse of freedom of speech.
The Congress government's decision faced opposition, with critics arguing that restricting freedom of speech would lead to state abuse and negatively impact the democratic freedom of citizens. However, the majority government of Congress ignored these concerns. The Amendment also added three more grounds for restricting freedom of speech: public order, friendly relations with foreign states, and incitement to an offence. These restrictions were made 'reasonable' and thus justiciable.
The First Amendment has been a subject of numerous political debates and legal challenges. Critics argue that it damages the basic structure of the Constitution, impacting not just freedom of speech but also freedom of trade. The Supreme Court of India has agreed to examine a PIL challenging the changes made to the right to freedom of speech and expression by the First Amendment. This has sparked a nationwide debate about the continued relevance and sanctity of democracy in India.
Missouri's Constitutional Amendments: When Do They Get a Vote?
You may want to see also
It supported measures to abolish zamindari
The First Amendment to the Indian Constitution was passed in 1951 by the Provisional Parliament. It included measures to abolish the zamindari system, even if this infringed upon property rights. This was done to shield agrarian reform measures from legal challenges.
The Statement of Objects and Reasons appended to the Constitution (First Amendment) Bill, 1951, stated that certain difficulties had been brought to light by judicial decisions and pronouncements regarding fundamental rights. In particular, it was noted that challenges to agrarian laws or laws relating to land reform were pending in courts, holding up large schemes of land legislation through dilatory and wasteful litigation.
The First Amendment Act amended Article 15(3) to ensure that any special provisions made by the State for the educational, economic, or social advancement of any backward class of citizens could not be challenged on the grounds of being discriminatory. It also introduced a new Article 31A to uphold such measures in the future and a new Article 31B, with retrospective effect, to validate 13 enactments relating to zamindari abolition. These included:
- The Madras Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1950 (Madras Act I of 1950)
- The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Uttar Pradesh Act I of 1951)
- The Hyderabad (Abolition of Jagirs) Regulation, 1358F (No. LXIX of 1358, Fasli)
- The Hyderabad Jagirs (Commutation) Regulation, 1359F
The First Amendment also added Article 46, which directs the State to promote with special care the educational and economic interests of Scheduled Castes, Scheduled Tribes, and other weaker sections of society.
The 13th Amendment: Mississippi's Ratification Journey
You may want to see also
Explore related products
![The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61p49hyM5WL._AC_UL320_.jpg)
It clarified the right to equality
The Constitution (First Amendment) Act was enacted in 1951, fifteen months after the Indian Constitution came into force. The Amendment was passed in response to State of Madras v. Champakam Dorairajan, which went before the Madras High Court and then the Supreme Court of India. In this case, a Brahmin woman in Madras challenged the state's Communal General Order, which established caste quotas in government-supported medical and engineering schools, arguing that it denied her equality under the law. Both the lower and upper courts upheld her petition.
The First Amendment sought to address certain difficulties that had arisen in regard to the interpretation of fundamental rights. The Amendment clarified the right to equality by amending Article 19 of the Constitution, which conferred on citizens the right to practise any profession, occupation, trade or business. The Amendment specified that this right was subject to reasonable restrictions which the laws of the State may impose "in the interests of the general public". While the wording of Article 19(1)(g) was already comprehensive enough to cover any scheme of nationalisation, the Amendment aimed to place the matter beyond doubt by adding a clarificatory provision.
The Amendment also introduced a new article 31A to address the validity of agrarian reform measures passed by the State Legislatures. Despite the provisions of clauses (4) and (6) of article 31, these measures had been subject to dilatory litigation, delaying their implementation. Article 31A was designed to uphold such measures in the future.
In addition, the First Amendment made a provision to limit Article 19(1)(a), which guaranteed citizens the right to freedom of speech and expression. This provision was made in response to criticism in the press regarding the government's response to issues like the West Bengal refugee crisis and extrajudicial killings in Madras. The government initially attempted to censor the press, but this was ruled unconstitutional by the Courts. The Amendment clarified that the right to freedom of speech and expression was not so comprehensive as to protect speech that advocated murder or other crimes of violence.
The First Amendment thus sought to balance the protection of fundamental rights with the need to uphold the interests of the general public and the State. While there was opposition to the Amendment on the grounds that it would restrict freedom of speech and lead to abuse by the State, the majority government of Congress proceeded with the changes, citing international examples of regulating speech to prevent abuse.
The Amendments: Constitutional Convention's Proposed Changes
You may want to see also
It amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376
The First Amendment to the Indian Constitution, enacted in 1951, amended Articles 15, 19, 85, 87, 174, 176, 341, 342, 372, and 376. The amendments addressed a range of issues, including freedom of speech and expression, the convening and proroguing of parliamentary sessions, and the protection of laws related to land reforms and acquisition of estates.
Article 15 was amended to include a clause stating that any special provisions made by the state for the educational, economic, or social advancement of any backward class of citizens could not be challenged on the grounds of being discriminatory. This amendment was in line with Article 46, which directs the state to promote the educational and economic interests of the weaker sections of society and protect them from social injustice.
Article 19, which dealt with the citizen's right to freedom of speech and expression, was amended to address concerns about the "abuse of freedom of speech". The amendment added three grounds for restricting freedom of speech: order, friendly relations with foreign states, and incitement to an offense. It also made the restrictions 'reasonable' and thus justiciable, bringing India in line with other countries with written constitutions, where freedom of speech is not regarded as an absolute bar to state action in cases of abuse.
Articles 85 and 174 were amended to include specific provisions regarding the convening and proroguing of parliamentary sessions. The amendments specified the frequency of sessions, the role of the President in summoning each House of Parliament, and the precedence of discussions.
Articles 341 and 342 were amended to include references to "any State" and the "First Schedule" when discussing consultations with the Governor or Rajpramukh of a State.
Article 372 was amended to extend the time period mentioned in sub-clause (a) of clause (3) from two years to three years.
Article 376 was also amended, but the specific changes made to this article are unclear. However, it is mentioned that the First Amendment provided for the saving of laws related to the acquisition of estates and added the Ninth Schedule to protect land reforms and other laws from judicial review.
The Flag Amendment: A Constitutional Change
You may want to see also
Frequently asked questions
The first amendment to the Indian Constitution was passed in 1951.
The first amendment was passed to amend Article 19 and limit freedom of speech and expression. It also supported measures to abolish zamindari and clarified that the right to equality does not prevent the passing of laws that give "particular consideration" to society's most vulnerable groups.
The Constitution (First Amendment) Act, 1951.
The first amendment amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.
![First Amendment: [Connected eBook] (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61-dx1w7X0L._AC_UL320_.jpg)
