Which amendment has been the most controversial till date?
The First Amendment Act, of 1951 was carried out to address the SCs decision that stopped the government from implementing socio-economic reforms. The amendment safeguards the government's power to do social justice ensure equal distribution of resources and carry out land reforms. Some important prRead more
The First Amendment Act, of 1951 was carried out to address the SCs decision that stopped the government from implementing socio-economic reforms. The amendment safeguards the government’s power to do social justice ensure equal distribution of resources and carry out land reforms. Some important provisions of this act are as follows:
1. Restriction on Freedom of speech and expression
The act imposed restrictions on how the fundamental right of freedom of speech and expression should be exercised. The said restrictions preserve the morals, sovereignty, and integrity of India.
2. Land reforms
Article 31A- under this protection laws related to land reforms and the acquisition of estates were introduced. The provision aimed at redistribution of and to ensure social justice.
Article 31B- this article protects certain laws by placing them in the 9th schedule from being challenged in the SC on grounds of violation of fundamental rights.
3. Amendments to Fundamental rights
The act stated that and large estate acquired by the government with the purpose of redistribution to ensure equality should not be seen as unconstitutional or challenged in the SC on grounds of violation of fundamental rights of right to equality or right to property.
4. Provisions for backward classes
The act allowed the state to make provisions for the growth of educationally and socially backward classes or for the scheduled caste and scheduled tribes.
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The 42nd Amendment of the Indian Constitution is possibly the most disputed. This is why: Passed during Emergency: Seen as an effort to concentrate power in the ruling party's grasp, it was legislated in 1976 throughout the Emergency period declared by Indira Gandhi. Restricted in legal powers: theRead more
The 42nd Amendment of the Indian Constitution is possibly the most disputed.
This is why:
Passed during Emergency: Seen as an effort to concentrate power in the ruling party’s grasp, it was legislated in 1976 throughout the Emergency period declared by Indira Gandhi.
Restricted in legal powers: the amendment severely limited the powers of the judiciary—particularly those of the Supreme Court—not to review and thus invalidate the laws passed by Parliament.
Having vested power in the center changed the balance of power from that of the states to the center, therefore weakening India’s federal system structure.
The amendment limited the range of the fundamental rights, especially regarding the right to property.
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