First Amendment of the Indian Constitution (1951)
The First Amendment of the Indian Constitution, 1951, is one of the most significant amendments in India’s constitutional history. It marked the beginning of the process where Parliament sought to balance fundamental rights with the needs of social and economic reforms. For UPSC aspirants, this amendment is crucial as it reflects the early challenges faced by the Indian democracy in safeguarding both individual liberties and the collective welfare of society. You can watch my video on this topic by clicking on the video.
How It Started?
After the Constitution came into force on 26 January 1950, several laws passed by state legislatures relating to land reforms, zamindari abolition, and restrictions on free speech were challenged in courts.
The Judiciary, while protecting the rights guaranteed under Fundamental Rights (Part III), struck down some laws as unconstitutional.
The government, led by Jawaharlal Nehru, felt that such judicial interventions obstructed socio-economic reforms and sought to introduce the First Constitutional Amendment Act, 1951.
Provisions of the First Amendment
Objectives of the Amendment
To safeguard land reform laws from judicial invalidation.
To provide the state with power to make affirmative action policies for backward classes.
To impose reasonable restrictions on free speech for maintaining public order.
To create a mechanism (Ninth Schedule) for protecting reformative legislations.
Significance of the First Amendment
Strengthening Land Reforms – Allowed states to abolish zamindari and redistribute land, paving the way for agrarian reforms.
Social Justice – Marked the constitutional beginning of reservations in education and employment.
Balancing Rights and Duties – Clarified that freedoms under Article 19 are not absolute.
Constitutional Flexibility – Set a precedent for using amendments to address emerging socio-political challenges.
Critical Evaluation,
Curtailment of Free Speech – Critics argued that the government weakened freedom of expression.
Judicial Review Dilution – By introducing the Ninth Schedule, the scope of judicial review was restricted.
Majoritarian Approach – Some felt it was politically motivated to bypass judicial checks.
Over-centralisation – It was seen as a move that tilted the balance of power towards the legislature and executive.
Landmark Judgments That Are Related to the First Amendment
Shankari Prasad vs Union of India (1951): Upheld the validity of the First Amendment, stating Parliament had the power to amend Fundamental Rights.
Kesavananda Bharati Case (1973): While dealing with later amendments, it laid down the Basic Structure Doctrine, indirectly limiting Parliament’s amendment power.
The First Amendment of the Indian Constitution, 1951, reflected the tension between individual liberties and social justice in the formative years of the Republic. While it empowered the state to undertake crucial socio-economic reforms, it also sparked debates on free speech and judicial independence. For UPSC preparation, it is essential to critically analyse both its achievements and controversies, as it laid the foundation of India’s evolving constitutional democracy.