Act: The Constitution (First Amendment) Act, 1951,
Year enacted in: 1951,
Moved by: Jawaharlal Nehru, the then Prime Minister of
India.
Presented in Parliament: on 10 May 1951
Enacted by Parliament: on 18 June 1951
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Changes:
(i) several changes to the Fundamental Rights provisions
of the Indian constitution.
(ii) provided against abuse of freedom of speech and
expression,
(iii) validation of zamindari abolition laws, and
(iv) clarified that the right to equality does not bar
the enactment of laws which provide "special consideration" for
weaker sections of society.
(v) set the precedent of amending the Constitution to
overcome judicial judgements impeding fulfilment of the government's perceived
responsibilities to particular policies and programmes.
Freedom of speech: in 1st amendment a
provision was made limiting Article 19(1)(a) of Constitution of India against
"abuse of freedom of speech and expression". This was based on the landmark
judgment in "Romesh Thappar vs The State Of Madras" on 26 May 1950.
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.
Freedom of trade: The right of citizens of India to practice
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".
Upholding land reforms: Though the provisions of clauses
(4) and (6) of article 31 were enacted but the validity of agrarian reform
measures passed by the State Legislatures had formed the subject-matter of
dilatory litigation. The result of which the implementation of these important
measures, affecting large numbers of people, had been held up.
A new article 31A was introduced with retrospective
effect to uphold such measures for implementation of provisions of clauses (4)
and (6) of article 31.
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 ground of being discriminatory,
article 15(3) was suitably amplified.
Jawaharlal Nehru 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 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.
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.
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