First Amendment of the Constitution of India
Encyclopedia
The First Amendment of the Constitution of India
, enacted in 1951, made several changes to the Fundamental Rights
provisions of the constitution. It provided against abuse of 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.
The formal title of the amendment is the Constitution (First Amendment) Act, 1951. It was moved by the then Prime Minister of India
, Jawaharlal Nehru
, on 10 May, 1951 and enacted by Parliament on 18 June.
to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence. The Parliament of India
noted that in other countries with written constitutions, freedom of speech and of the press is not regarded as debarring the State from punishing or preventing abuse of this freedom.
to practise any profession or to carry on any occupation, trade or business conferred by article 19(1)(g) is subject to reasonable restrictions which the laws of the State may impose "in the interests of general public". While the words cited are comprehensive enough to cover any scheme of nationalisation, it was thought desirable to place the matter beyond doubt by a clarificatory addition to article 19(6).
noted that validity of agrarian reform measures passed by the State Legislatures had, in spite of the provisions of clauses (4) and (6) of article 31, formed the subject-matter of dilatory litigation, as a result of which the implementation of these important measures, affecting large numbers of people, had been held up. Accordingly, a new article 31A was introduced with retrospective effect to uphold such measures. Further, another new article 31B was introduced to validate 13 enactments relating to zamindari abolition.
of being discriminatory, article 15(3) was suitably amplified.
encouraged the Parliament of India
to pass the amendment in response to State of Madras v. Champakam Dorairajan
which went before the Madras High Court
and then the Supreme Court of India
. In that case, a Brahmin
woman in Madras (now Chennai
) challenged the state's Communal General Order, which established caste quotas in government-supported medical and engineering schools, on the grounds that it denied her equality under the law; both courts had upheld her petition. Aside from Nehru, B. R. Ambedkar
also spoke in support of the proposed amendment, while Syama Prasad Mookerjee
spoke in opposition to it.
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, enacted in 1951, made several changes to the Fundamental Rights
Fundamental Rights in India
'Part III - Fundamental Rights' is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India...
provisions of the constitution. It provided against abuse of freedom of speech and expression
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, validation of zamindari abolition laws, and clarified that the right to equality
Equality before the law
Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws....
does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
The formal title of the amendment is the Constitution (First Amendment) Act, 1951. It was moved by the then Prime Minister of India
Prime Minister of India
The Prime Minister of India , as addressed to in the Constitution of India — Prime Minister for the Union, is the chief of government, head of the Council of Ministers and the leader of the majority party in parliament...
, Jawaharlal Nehru
Jawaharlal Nehru
Jawaharlal Nehru , often referred to with the epithet of Panditji, was an Indian statesman who became the first Prime Minister of independent India and became noted for his “neutralist” policies in foreign affairs. He was also one of the principal leaders of India’s independence movement in the...
, on 10 May, 1951 and enacted by Parliament on 18 June.
Freedom of speech
Some courts had held the citizen's right to freedom of speech and expression guaranteed by article 19(1)(a) of Constitution of IndiaConstitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence. The Parliament of India
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
noted that in other countries with written constitutions, freedom of speech and of the press is not regarded as debarring the State from punishing or preventing abuse of this freedom.
Freedom of trade
The right of citizens of IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
to practise any profession or to carry on any occupation, trade or business conferred by article 19(1)(g) is subject to reasonable restrictions which the laws of the State may impose "in the interests of general public". While the words cited are comprehensive enough to cover any scheme of nationalisation, it was thought desirable to place the matter beyond doubt by a clarificatory addition to article 19(6).
Upholding land reforms
The Parliament of IndiaParliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
noted that validity of agrarian reform measures passed by the State Legislatures had, in spite of the provisions of clauses (4) and (6) of article 31, formed the subject-matter of dilatory litigation, as a result of which the implementation of these important measures, affecting large numbers of people, had been held up. Accordingly, a new article 31A was introduced with retrospective effect to uphold such measures. Further, another new article 31B was introduced to validate 13 enactments relating to zamindari abolition.
Equality
It is laid down in article 46 as a directive principle of State policy that the State should promote with special care the educational and economic interests of the weaker sections of the people and protect them from social injustice. In order that any special provision that the State may make for the educational, economic or social advancement of any backward class of citizens may not be challenged on the groundof being discriminatory, article 15(3) was suitably amplified.
Background
Jawaharlal NehruJawaharlal Nehru
Jawaharlal Nehru , often referred to with the epithet of Panditji, was an Indian statesman who became the first Prime Minister of independent India and became noted for his “neutralist” policies in foreign affairs. He was also one of the principal leaders of India’s independence movement in the...
encouraged the Parliament of India
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
to pass the amendment in response to State of Madras v. Champakam Dorairajan
State of Madras v. Champakam Dorairajan
State of Madras v. Champakam Dorairajan is a landmark decision of the Supreme Court of India. This verdict led to the First Amendment of the Constitution of India. It was the first major verdict regarding reservations in Republic of India...
which went before the Madras High Court
Madras High Court
The Madras High Court is a senior court located at Chennai , in India. The court buildings, which are believed to be the second largest judicial complex in the world, are located near the beach, in one of the city's major business districts....
and then the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
. In that case, a Brahmin
Brahmin
Brahmin Brahman, Brahma and Brahmin.Brahman, Brahmin and Brahma have different meanings. Brahman refers to the Supreme Self...
woman in Madras (now Chennai
Chennai
Chennai , formerly known as Madras or Madarasapatinam , is the capital city of the Indian state of Tamil Nadu, located on the Coromandel Coast off the Bay of Bengal. Chennai is the fourth most populous metropolitan area and the sixth most populous city in India...
) challenged the state's Communal General Order, which established caste quotas in government-supported medical and engineering schools, on the grounds that it denied her equality under the law; both courts had upheld her petition. Aside from Nehru, B. R. Ambedkar
B. R. Ambedkar
Bhimrao Ramji Ambedkar , popularly also known as Babasaheb, was an Indian jurist, political leader, philosopher, thinker, anthropologist, historian, orator, prolific writer, economist, scholar, editor, a revolutionary and one of the founding fathers of independent India. He was also the Chairman...
also spoke in support of the proposed amendment, while Syama Prasad Mookerjee
Syama Prasad Mookerjee
Dr. Shyama Prasad Mookerjee was a minister in Jawaharlal Nehru's Cabinet as a Minister for Industry and Supply....
spoke in opposition to it.
Other amendments
Certain amendments in respect of articles dealing with the convening and proroguing of the sessions of Parliament were also incorporated in the Act. So also a few minor amendments in respect of articles 341, 342, 372, and 376.External links
- Full text from India's Ministry of Law and JusticeMinistry of Law and Justice (India)The Ministry of Law and Justice is a prominent Ministry of Government of India. Under the , the Ministry is vested with the responsibility of administration of legal affairs, justice, and legislative affairs in India....