What is the 1st Amendment of Indian Constitution?

First Amendment Act, of 1951

After the Independence of India in 1947, the First Amendment was enacted by the Parliament of India to the Constitution of India in 1951. This amendment proposed several provisions to the Constitution and made some changes to the existing provisions. This Amendment was made to impose some reasonable restrictions on the freedom of speech and expression of the citizens of India and the freedom to form associations or unions. It also empowered the state governments to make special provisions for the advancement of citizens who belonged to socially and educationally backward classes(SC, ST, OBC). 

Some Key Proposals of First Amendment Act

1. This amendment added some reasonable restrictions to the freedom of speech and expression of the citizens of India in “Article 19(2)”.
2. This amendment added “Article 31A” in which the allowance was given to the state governments to make laws for the acquisition of estate or interest in land for agrarian reformation or the welfare of the public.
3. This amendment also added some reasonable restrictions to the freedom for the formation of associations or unions in “Article 19(4)”.
4. Also “Article 31B” was added for validation purposes of certain laws that were made before the amendment and were challenged in courts.
5. Added the “Ninth Schedule” to give protection to certain laws from judicial review.
6. Also “Article 31C” added where protection was given to certain laws made for implementing the Directive Principles of State Policies.
7.  The term “Sikkim” was changed to a state from a protectorate in the First Schedule of the Constitution of India.
8. Added “Article 238A” which was provided for the establishment of a Legislative Assembly and Council of Ministers in the Union Territory of Puducherry.
9. Added “Article 19(1)(f)” for including the right to acquire, hold and dispose of the property as a fundamental right.

What Lead to First Amendment Act

There are some factors that were being faced by the newly Independent Indian government. To resolve the issues which were faced by all Indian states in the early 1950. The factors are discussed below:

• Land Reformation policy: The government of India implemented several numbers of land reform measures. It was aimed to reduce the concentration of land ownership and improve the lives of poor farmers. However, some of these measures were challenged in court on the grounds that these measures violated the rights to property. So this amendment was enacted to give constitutional validity to the land reformation laws and protect them from all legal challenges.
• Communal Tensions:  After the independence of India, India faced several communal tensions and riots, particularly in the aftermath of the Partition of India in 1947. The government of India realized that there was a need to place some reasonable restrictions on the freedom of speech and expression to prevent the spread of hate speech and incitement to violence.
• Backward Classes: The government of India was committed to the welfare and advancement of socially and educationally backward classes (SC, ST, OBC) of citizens of India. This amendment allowed the state governments to make special provisions for this advancement purpose which was seen as a crucial step towards a more equitable society.
• Judicial Reviews: The judiciary Of India became increasingly assertive in reviewing and striking down laws passed by the Parliament of India. The “Ninth Schedule” was added to the Constitution of India to protect certain laws from judicial review. It was seen as necessary to maintain the balance among the three branches of government.

Criticism of First Amendment Act

This amendment act faced several numbers of criticisms on many grounds which are discussed below:

• Violation of Fundamental Rights: Some critics challenged this amendment on the ground that this amendment had violated the fundamental rights of the citizens of India by adding reasonable restrictions to the freedom of speech and expression and the right to form associations. They argue that these restrictions will be used to suppress dissent and opposition parties by the Government of India.
• Dilution of Judicial Review: The addition of the “Ninth Schedule” for protecting certain laws from the judicial review has been criticized as a dilution of the power of the judiciary system. Critics made the argument on the ground that this will undermine the system of checks and balances and could lead to abuse of power by the government.
• Lack of Clarity: “Article 31C” had been criticized for their lack of clarity and potential for misuse. There had been some concerns that this provision could be used to circumvent the fundamental rights of citizens.
• Political Motivations: This amendment had also been criticized for its perceived political motivations. Some critics made an argument on the ground that the government at the time used the amendment to consolidate its power and suppress dissenting voices.
• Unequal Treatment: “Article 31A“, which allowed the state to make laws for the acquisition of land, had also been criticized for treating landowners differently from other citizens. Critics made arguments on the ground that it violated the principles of equal treatment under the law.

Recent News Regarding First Amendment Act

On 31st October 2022, The Supreme Court of India agreed to review a petition regarding it. The petitioners made a Public Interest Litigation where they claimed that the changes made to this amendment regarding the right to freedom of speech and expression are very much illegal and in contrast to the Constitution of India. Supreme Court is finally looking at this petition in a serious manner. There are also some more cases regarding this amendment recently but all are on the same topic and the case hearing had made by merging all these cases in a single challenge. 

FAQs

Q1. What is the First Amendment to the Indian Constitution?

Ans: The First Amendment to the Indian Constitution was an amendment that was enacted by the Parliament of India in the year of 1951. It added several number of  provisions to the Constitution and made certain changes to the existing provisions.

Q2. What were the provisions added by the First Amendment to the Indian Constitution?

The First Amendment added several provisions to the Constitution of India like  Article 19(2) which allows the state governments to impose reasonable restrictions on the freedom of speech and expression to the citizens of India; Also added Article 31A which allows the state governments to make laws to acquire land for agrarian reforms and Article 31B which was for validating certain laws that were made before the amendment.

Q3. What was the main purpose of enacting the First Amendment to the Indian Constitution?

 The main purpose of the First Amendment was imposing reasonable restrictions on the freedom of speech and expression to the citizens of India and the freedom of formation of associations or unions. It also gave power to the state governments to make special provisions for the advancement of socially and educationally backward classes(SC,ST,OBC) of citizens.

Q4. Can the First Amendment to the Indian Constitution be amended?

The answer is yes. Any amendment can be made to the Constitution of India can be further amended, including the First Amendment.

Q5. Does the First Amendment to the Constitution of India violate fundamental rights?

The First Amendment to the Constitution of India imposes some reasonable restrictions on fundamental rights such as the freedom of speech and expression and the freedom of formation of associations or unions. However, these restrictions are necessary to the certain instant in the interests of the sovereignty and integrity of India, for the security of the states, to maintain the friendly relationships with foreign states, public orders, decency or morality, or in relation to contempt of court, defamation or incitement to an offensive action.