In May 1951 Jawaharlal Nehru introduced before Parliament a Bill to amend the Indian Constitution, some fifteen months after it had come into force. Some of the provisions in the amendment concerned important “fundamental rights”: the right to freedom of speech (Art. 19(1)(a)); rights against the compulsory acquisition of property (Art. 31); and rights against nondiscrimination (Art. 15(1)).
What were the main objectives of the Constitution First Amendment Act, 1951?
During the initial fifteen months of the working of the Constitution, certain difficulties were brought to light by judicial decisions and pronouncements specially in regard to the chapter on fundamental rights. The citizen’s right to freedom of speech and expression guaranteed by article 19(1)(a) was held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence.
The main objects of this First Amendment Act, 1951 was, accordingly to amend article 19 for the purposes indicated above. The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution. It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide “special consideration” for weaker sections of society.
What are the amended provisions of the Constitution inserted through the Constitution (First Amendment) Act, 1951?
The important amended provisions are, it:
1. Empowered the state to make special provisions for the advancement of socially and economically backward classes.
2. Provided for the saving of laws providing for acquisition of estates, etc.
3. Added Ninth Schedule to protect the land reform and other laws included in it from the judicial review.
4. Added three more grounds of restrictions on freedom of speech and expression, viz., public order, friendly relations with foreign states and incitement to an offence. Also, made the restrictions “reasonable” and thus, justiciable in nature.
5. Provided that state trading and nationalisation of any trade or business by the state is not to be invalid on the ground of violation of the right to trade or business.
PRACTICE QUESTIONS
QUES . In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights? UPSC 2023
(a) 1st Amendment
(b) 42nd Amendment
(c) 44th Amendment
(d) 86thAmendment
Ans (a) Explanation: ֍ During the initial months of the working of the Constitution, certain difficulties were brought to light by judicial decisions and pronouncements especially in regard to the chapter on fundamental rights. The citizen’s right to freedom of speech and expression guaranteed by article 19(1)(a) had been held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence. ֍ As a result of this, the Constitution (First Amendment) Act, 1951 was passed. Its object was to amend Article 19 for the purposes indicated above and to insert provisions fully securing the constitutional validity of zamindari abolition laws in general and certain specified State Acts in particular. Therefore, option (a) is the correct answer.
