The 1st Amendment of Indian Constitution: History, Significance, and Impact

The 1st Amendment of Indian Constitution (1951) marked a pivotal shift in balancing fundamental freedoms with state interests. In response to judicial setbacks for laws on agrarian reform and censorship, the amendment introduced key changes: added “reasonable restrictions” on free speech, protected laws related to reservation and land from being invalidated by courts, and clarified state power. These tweaks strengthened the Constitution’s adaptability and shaped India’s constitutional trajectory. In this article, we will delve into the provisions, changes, and impact of the 1st Amendment of Indian Constitution.

What is the 1st Amendment of Indian Constitution 1951?

The First Amendment to the Indian Constitution, enacted on April 18, 1951, stands as one of the most pivotal moments in India’s constitutional history. It was the first test of the Constitution’s flexibility and set a crucial precedent for balancing fundamental rights with the state’s objectives of social justice and public order. This article delves into the historical context, key provisions, lasting impact, and current relevance of this foundational amendment.

The First Amendment was introduced by India’s first Prime Minister, Jawaharlal Nehru. His government proposed the amendment on 10 May 1951, and it was enacted by Parliament on 18 June 1951. The primary objective was to address critical issues concerning freedom of speech and enable the state to impose reasonable restrictions on grounds of public order and morality.

Key Provisions and Changes Introduced

The Constitution (First Amendment) Act, 1951, introduced several significant changes to the Constitution’s text and structure. The table below summarizes the major modifications:

Aspect Changed	Key Modification	Purpose & Impact
Freedom of Speech (Art. 19(2))	Added new grounds for “reasonable restrictions”: “public order,” “friendly relations with foreign states,” and “incitement to an offence.”	To empower the state to regulate speech that could disturb public peace or harm international relations.
Right to Equality (Art. 15)	Inserted Clause (4): “Nothing in this article… shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.”	To constitutionally validate and enable caste-based reservations in educational institutions, overriding the Champakam Dorairajan verdict.
Right to Property	Added Articles 31A and 31B .	To protect laws providing for the acquisition of estates (zamindari) from being challenged for violating fundamental rights.
Ninth Schedule	Created the Ninth Schedule and placed 13 existing land reform laws within it .	To shield these specific laws from judicial review. Laws in this Schedule cannot be declared void even if they violate fundamental rights.
Freedom of Trade	Amended Article 19(6) to explicitly state that carrying on a trade or business by the state, to the exclusion of citizens, is valid .	To facilitate nationalization and state monopolies in any trade or business.

The Creation of the Ninth Schedule

A particularly significant and long-lasting innovation of the First Amendment was the introduction of the Ninth Schedule through Article 31B . Laws placed in this schedule are granted immunity from judicial review on the grounds that they violate fundamental rights. Initially meant to protect 13 land reform laws, the Ninth Schedule has since been expanded to include over 280 acts, making it a controversial tool sometimes used to shield laws from constitutional scrutiny. 

What were the reasons for the 1st Amendment of Indian Constitution in 1951?

The 1st Amendment of Indian Constitution, enacted in 1951, was introduced in response to several challenges and issues that emerged in the early years following the adoption of the Constitution on January 26, 1950. Here are the key reasons for the 1st amendment of Indian constitution related to these challenges:

1. Judicial Challenges to Land Reforms: Many state governments enacted land reform laws aimed at redistributing land to reduce inequality. However, these laws faced legal challenges in courts, with opponents arguing that they violated the right to property. The 1st Amendment of Indian Constitution sought to validate these laws and protect them from judicial scrutiny.
   
2. Need for Reasonable Restrictions on Freedoms: The original Constitution guaranteed fundamental rights, including the right to freedom of speech and expression. However, there were concerns that this freedom could be misused to incite violence or disturb public order. The 1st Amendment of Indian Constitution introduced reasonable restrictions on this right to ensure public order, decency, and morality.
   
3. Protection of Marginalized Communities: The 1st Amendment of Indian Constitution aimed to strengthen the legal framework for the protection of Scheduled Castes and Scheduled Tribes. It facilitated the reservation of seats for these communities in legislatures and other institutions, addressing historical injustices and promoting social justice.
   
4. Validation of Certain Laws: The amendment included provisions (Articles 31A and 31B) to validate laws that had been enacted by state governments but were challenged in courts. This was crucial for maintaining the legislative intent of the government and ensuring that social reform measures could be implemented without legal hindrance, as emphasized by the 1st Amendment of Indian Constitution.
   
5. Social Justice and Equality: The 1st Amendment of Indian Constitution reflected the government’s commitment to social justice and the need to address inequalities in society. By validating land reforms and protecting the rights of marginalized communities, the amendment aimed to create a more equitable society.
   
6. Political Stability: The early years of independent India were marked by political instability and social unrest. The 1st Amendment of Indian Constitution was seen as a means to promote stability by ensuring that the government could implement necessary reforms without being obstructed by the judiciary.

What were the major modifications of the 1st amendment of Indian constitution ?

The main goal of the First Amendment Act in India was to solve legal and constitutional issues that cropped up in the early days of the country. It aimed to change certain parts of the Constitution to better fit the changing needs of the nation.

1. Land Reform and Right to Property:

One big change made by the First Amendment Act was about property rights. It altered Article 19(1)(f) and Article 31 of the Constitution, which talked about owning and using property. These changes allowed the government to put reasonable limits on property rights, especially for things like land reforms and taking land for public use.

2. Freedom of Speech and Expression:

The amendment also touched on Article 19(2), which deals with what limits can be put on free speech. It clarified and widened the reasons for restricting free speech, like concerns about public order, keeping the country safe, and managing international relations.

3. Special Help for Some Communities:

The amendment added Articles 15(4) and 16(4), which talked about helping backward communities, like Scheduled Castes and Scheduled Tribes. This meant the government could reserve seats in schools and jobs for these groups to help them progress.

4. Validation of Certain Laws:

To protect laws related to land reforms from legal challenges, Article 31A was introduced. This meant even if these laws went against property rights, they were still valid.

5. State’s Duty to Help:

Article 46 was added, to ensure the state took helped the Scheduled Castes, Scheduled Tribes, and other weaker sections of society, especially in education and economics.

Criticism and Controversy

Despite its stated social welfare goals, the First Amendment of Indian Constitution has faced sustained criticism for diluting fundamental rights.

• Dilution of Free Speech: Critics argue that adding vague terms like “public order” and “incitement to an offence” gave the state overly broad powers to curb free speech and suppress dissent . The opposition during the debate warned that this could lead to authoritarian misuse.
• Undermining Judicial Review: The creation of the Ninth Schedule is often seen as a blow to the judiciary’s power of judicial review, a basic feature of the Constitution. By placing laws beyond the reach of fundamental rights, it created a “constitutional safe” that could potentially be misused .
• The “Basic Structure” Challenge: While the Supreme Court initially upheld the amendment in Shankari Prasad v. Union of India (1951), the principles behind it were later challenged. The landmark Kesavananda Bharati case (1973) established the “basic structure doctrine,” ruling that Parliament’s power to amend the Constitution is not unlimited and cannot alter its basic structure . This doctrine acts as a check on amendments that might destroy the Constitution’s core features, including judicial review and fundamental rights.

Landmark Judgments on the 1st Amendment

The Supreme Court’s interpretation of the 1st Amendment has been crucial in defining the limits of parliamentary power and the protection of fundamental rights. Key cases form a clear evolutionary path:

• Initial Validation: In Shankari Prasad v. Union of India (1951) and Sajjan Singh v. State of Rajasthan (1965), the Supreme Court initially upheld the 1st Amendment, affirming Parliament’s broad power to amend any part of the Constitution, including Fundamental Rights.
• A Temporary Shift: This position was briefly overturned in Golak Nath v. State of Punjab (1967), which held that Fundamental Rights could not be amended by Parliament.
• The Basic Structure Doctrine: The pivotal Kesavananda Bharati v. State of Kerala (1973) case overruled Golak Nath and established the “Basic Structure Doctrine.” It declared that while Parliament can amend the Constitution, it cannot alter its “basic structure,” such as judicial review and fundamental rights. This doctrine acts as a permanent check on the amending power.
• Reinforcing the Doctrine: Minerva Mills Ltd. v. Union of India (1980) further strengthened this doctrine, emphasizing that a balance between Fundamental Rights and Directive Principles is part of the basic structure.
• Social Justice & Reservations: In Indira Sawhney v. Union of India (1992), the Court upheld the validity of reservations for backward classes, a policy enabled by the 1st Amendment, while also setting limits to maintain constitutional balance.

The First Amendment of Indian Consitution in Recent News

The First Amendment remains a living document, subject to contemporary legal challenges.

• Recent Supreme Court Scrutiny: In 2021, the Supreme Court agreed to examine a Public Interest Litigation (PIL) challenging the changes made to the right to freedom of speech and expression by the First Amendment .
• The Petitioner’s Argument: The plea argues that the “two objectionable insertions” – “in the interest of public order” and “in relation to incitement to an offence”, damage the basic structure of the Constitution . It also highlights that the amendment omitted the expression “tends to overthrow the State,” which was a narrower ground in the original Constitution.
• Ongoing Relevance: This legal challenge underscores the enduring debate over the acceptable limits on free speech and the balance of power between Parliament and the Judiciary.

2nd Amendment of Indian Constitution – Overview

The 2nd Amendment Act of India, enacted in 1952, was introduced to make changes to Article 81 of the Indian Constitution, which deals with the composition of the Lok Sabha (House of the People). This amendment was essential to ensure fair representation in the Parliament based on the population distribution of the country.

Key Provisions

1. Increase in Lok Sabha Seats
   • The maximum number of elected members in the Lok Sabha was increased from 300 to 500.
   • This was done to accommodate the rising population and provide better representation to states and union territories.
2. Population-Based Representation
   • The amendment clarified that the allocation of seats to each state would be in proportion to its population, ensuring equality in representation.
3. Union Territories Representation
   • Provision was made for the representation of Union Territories in the Lok Sabha, which was not explicitly mentioned earlier.

Objective of the Amendment

• To ensure democratic fairness by adjusting the number of seats according to population growth.
• To bring clarity in representation rules for both states and union territories.

Importance

The 2nd Constitutional Amendment marked an early step in shaping India’s parliamentary democracy, ensuring that rapidly growing states received proportional representation and that union territories were not left out of the legislative process.

Fun Fact: This was one of the first few amendments after the Constitution came into effect in 1950, showing how quickly adjustments were needed in a vast and diverse democracy like India.

1st amendment of Indian constitution UPSC

For UPSC aspirants, a focused understanding of the First Amendment is crucial. Here are the key takeaways:

• Date of Enactment: 18 June 1951 .
• Moved by: Prime Minister Jawaharlal Nehru .
• Major Changes:
  • Article 19(2): Added “public order,” “friendly relations with foreign states,” and “incitement to an offence” as grounds for restricting freedom of speech.
  • Article 15: Added Clause (4) to enable reservations for socially and educationally backward classes, SCs, and STs.
  • Articles 31A & 31B: Introduced to protect land reform laws from judicial scrutiny.
  • Ninth Schedule: Created to give immunity to specific laws from challenges to fundamental rights.
• Landmark Cases to Study:
  • Romesh Thappar v. State of Madras & State of Madras v. Champakam Dorairajan (Background cases).
  • Shankari Prasad v. Union of India (1951) – Upheld the validity of the First Amendment.
  • Kesavananda Bharati v. State of Kerala (1973) – Introduced the “Basic Structure Doctrine.”
• Significance: It was the first amendment that set a precedent for using the constituent power to overcome judicial hurdles for implementing socio-economic policies, shaping the future trajectory of Indian constitutional law.

Conclusion

The First Amendment of 1951 was a transformative moment that fundamentally shaped the Indian constitutional landscape. It reflected the nascent state’s struggle to reconcile individual liberties with its commitment to social justice and economic equality. While it successfully empowered the government to pursue its agenda of land reforms and affirmative action, it also left a complex legacy concerning the scope of free speech and the limits of parliamentary amendment power. Its provisions continue to be debated in courtrooms and classrooms, proving that the conversation about the balance between liberty and state authority is never truly closed.

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