Passed in 1951 by the Provisional Parliament, whose members had recently drafted the Constitution as part of the Constitutional Assembly.
The immediate reason for the amendments was a series of Supreme Court and High Court judgments that had struck down provisions of public safety laws, press-related laws, and criminal provisions considered incompatible with the constitutional right to freedom of speech.
Prime Minister Jawaharlal Nehru introduced the First Amendment Act on May 10, 1951, and it was passed on June 18, 1951.
Provided for the saving of laws providing for the acquisition of estates.
Added the Ninth Schedule to protect land reforms and other laws included in it from judicial review.
Major Modifications
Land Reform and Right to Property: Articles 19(1)(f) and 31 were amended to grant the government authority to impose reasonable restrictions on the right to property for land reform and acquisition of property for public welfare.
Freedom of Speech and Expression: Article 19(2) was amended to broaden the scope of permissible restrictions on free speech to include matters related to public order, the security of the state, and relations with foreign countries. Three more grounds for restrictions on freedom of speech and expression were added: public order, friendly relations with foreign states, and incitement to an offense. Also, the restrictions were made reasonable and thus justifiable.
Special Provisions for Advancement of Scheduled Castes and Scheduled Tribes: Article 15(4) was inserted to provide special provisions for advancing socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes. These provisions allowed the government to make reservations in educational institutions and public employment to promote the interests of these communities.
Validation of Certain Acts and Regulations: Article 31A was included to validate certain laws related to land reform and the abolition of zamindari systems, even if they infringed upon property rights. This was done to shield such laws from legal challenges.
Objectives
To address legal and constitutional challenges that arose in the early years of the Republic of India.
To modify specific provisions of the Constitution to overcome legal hurdles and better align with the evolving needs of the nation.
The First Amendment was aimed at land reforms and Zamindari abolition.
Implications
Under Article 31’s provisions, laws listed in the Ninth Schedule cannot be contested in court because they infringe upon citizens’ basic rights.
The state now has extensive authority to purchase estates or take over the operation of any corporation or property in the public interest under Article 31(A). It attempted to keep such purchases out of the purview of judicial review under Articles 14 and 19.
Empower the state to make special provisions for advancing socially and economically backward classes.
It was established that any state trading or nationalization of a trade or business by the state would not be invalidated on the grounds of infringing the right to trade or conduct business.
Recent Developments
The Supreme Court has agreed to examine a PIL challenging changes made to the right to freedom of speech and expression by the First Amendment to the Constitution in 1951, with the petitioner contending that the amendment damages the basic structure doctrine.
