What was the primary objective of the First Amendment Act, 1951, and what were its key provisions?
The primary objective of the First Amendment Act, 1951, in India was to curtail certain fundamental rights guaranteed under the Constitution. It aimed to amend Article 19 to impose restrictions on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or uRead more
The primary objective of the First Amendment Act, 1951, in India was to curtail certain fundamental rights guaranteed under the Constitution.
It aimed to amend Article 19 to impose restrictions on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions.
These amendments were primarily driven by concerns over national security and public order in the aftermath of Partition and the challenges of nation-building.
Key provisions of the First Amendment Act, 1951, included:
1. Imposition of Reasonable Restrictions: It added clauses to Article 19 that allowed the state to impose “reasonable restrictions” on freedom of speech and expression, freedom to assemble peacefully, and freedom to form associations or unions in the interest of sovereignty and integrity of India.
2. Land Reform Laws: The Act inserted Article 31A and Article 31B to validate land reform laws that sought to abolish intermediaries and redistribute land to the tillers.
3. Validation of Certain Acts: It validated certain laws that had been challenged on grounds of infringing fundamental rights, thereby securing legal backing for legislative measures deemed essential for governance and societal stability.
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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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