The First Amendment: A Historic Constitution Change

The Constitution (First Amendment) Act, also known as the First Amendment Act, was passed in 1951 by the Provisional Parliament of India. The amendment was proposed by Jawaharlal Nehru, India's prime minister at the time, on May 10, 1951, and was passed by Parliament on June 18, 1951. The First Amendment Act addressed legal and constitutional challenges that arose in the early years of the Republic of India and modified specific provisions of the Constitution to better meet the evolving needs of the nation.

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The First Amendment Act was passed in 1951

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 of the Constitution, which dealt with the right to acquire, hold, and dispose of property, were amended. The amendment aimed to provide 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.

The First Amendment Act also made changes to Article 19(2), which deals with reasonable restrictions on the freedom of speech and expression. Section 3(1) of the 1951 Amending Act substituted the original Clause (2) of Article 19, which dealt with reasonable restrictions on the freedom of speech and expression guaranteed under Article 19(1)(a). The new clause contained "two objectionable insertions", allowing restrictions "in the interest of public order" and regarding "incitement to an offence". Additionally, the new Clause (2) omitted the expression "tends to overthrow the State", raising concerns about the dangers posed by radicalism, terrorism, and religious fundamentalism.

The First Amendment Act of 1951 established a precedent for rewriting the Constitution to override judicial decisions that prevented the government from carrying out its alleged obligations to specific policies and programs. It amended the Fundamental Rights clauses of the Indian Constitution, including the right to equality and the right to practise any profession or occupation. Overall, the First Amendment Act of 1951 played a significant role in shaping the legal and constitutional landscape of the Republic of India.

It amended the Fundamental Rights clauses of the Indian Constitution

The Constitution (First Amendment) Act, 1951, was passed by the Provisional Parliament of India, which was elected on a limited franchise. The amendment was proposed by Prime Minister Jawaharlal Nehru on May 10, 1951, and enacted by Parliament on June 18, 1951.

The First Amendment Act amended the Fundamental Rights clauses of the Indian Constitution in several ways. One of the significant changes was related to the right to freedom of speech and expression. The amendment provided ways to limit freedom of speech and expression, with Section 3(1) of the 1951 Amending Act substituting the original Clause (2) of Article 19. The new clause allowed restrictions "in the interest of public order" and "about incitement to an offence", while omitting the expression "tends to overthrow the State". This change has been challenged in the Supreme Court, with a petitioner arguing that it damages the basic structure doctrine of the Constitution of India and impacts freedom of speech and freedom to trade.

Another key change introduced by the First Amendment Act was related to the right to property. Article 19(1)(f) and Article 31 of the Constitution, dealing with the right to acquire, hold, and dispose of property, were amended. The amendment gave the government the authority to impose reasonable restrictions on the right to property for land reform and the acquisition of property for public welfare.

The First Amendment Act also supported measures to abolish zamindari and clarified that the right to equality does not prevent the enactment of laws that provide "special consideration" or "particular consideration" for weaker or vulnerable sections of society. This amendment set a precedent for rewriting the Constitution to override judicial decisions and enable the government to fulfil its perceived responsibilities to specific policies and programs.

It limited freedom of speech and expression

The Constitution (First Amendment) Act, passed in 1951, made changes to Article 19(2) of the Indian Constitution, which deals with freedom of speech and expression. The amendment substituted the original Clause (2) of Article 19, which guaranteed freedom of speech and expression under Article 19(1)(a), with a new clause that included restrictions "in the interest of public order" and "about incitement to an offence".

The new clause also omitted the expression "tends to overthrow the State", which has sparked concerns about the potential for radicalism, terrorism, and religious fundamentalism to threaten India's secular democratic republic. The amendment gave ways to limit freedom of speech and expression, and it has been argued that it damages the basic structure of India's Constitution by impacting freedom of speech and the freedom to trade.

The First Amendment Act's primary objective was to address legal and constitutional challenges 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. One significant change was related to the right to property, with amendments to Article 19(1)(f) and Article 31, providing the government with authority to impose reasonable restrictions on property rights for land reform and the acquisition of property for public welfare.

The 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 vulnerable groups in society. Overall, the First Amendment Act of 1951 made significant changes to the Indian Constitution, including limitations on freedom of speech and expression, to address the evolving needs of the nation at that time.

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It gave the government authority over property acquisition

The First Amendment Act of 1951 was passed by India's 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 of the same year.

The First Amendment Act amended the Fundamental Rights clauses of the Indian Constitution in several ways. One of the most significant changes was related to the right to property. Specifically, it 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 gave the government 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) of the First Amendment Act vested enormous power in the State concerning the acquisition of estates or the takeover of the management of any property or corporation in the public interest. It aimed to exclude such acquisitions from the scope of judicial review under Articles 14 and 19. The Ninth Schedule, which contains more than 250 legislations, was added to protect land reforms and other laws included in it from judicial scrutiny.

The First Amendment Act also addressed 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. For example, it supported measures to abolish zamindari and clarified that the right to equality does not prevent the passage of laws that give "particular consideration" to society's most vulnerable groups.

It impacted the freedom to trade

The Constitution (First Amendment) Act, passed in India in 1951, impacted the freedom to trade in several ways. Firstly, it amended Article 19 (19(1)(g)), which deals with the citizen's right to practise any profession or to carry on any occupation, trade or business. The amendment allowed the state to impose reasonable restrictions on this right "in the interests of the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence".

Secondly, the First Amendment Act addressed legal and constitutional challenges related to the right to property. It amended Article 19(1)(f) and Article 31 of the Constitution, which dealt with the right to acquire, hold, and dispose of property. The amendments gave the government the authority to impose reasonable restrictions on property rights for land reform and the acquisition of property for public welfare.

Thirdly, the First Amendment Act also impacted the freedom to trade by setting a precedent for amending the Constitution to override judicial decisions that prevented the government from carrying out its perceived obligations to specific policies and programs. This included the validation of zamindari abolition laws, which were previously deemed unconstitutional.

Overall, the First Amendment Act's impact on the freedom to trade was significant, as it gave the state more power to regulate and restrict certain economic activities in the interests of national security, public order, and other specified factors. These changes aimed to address the legal and constitutional challenges faced by the Indian government in the early years of the republic.

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