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Primary objective of the First Indian Amendment Act
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.
See lessPrimary objective of the First Indian Amendment Act
The primary objective of the First Amendment Act of 1951 was to address the challenges posed by certain Supreme Court judgments that had curtailed the state's power to enact laws for public welfare and order. The government sought to balance the fundamental rights of citizens, particularly freedom oRead more
The primary objective of the First Amendment Act of 1951 was to address the challenges posed by certain Supreme Court judgments that had curtailed the state’s power to enact laws for public welfare and order. The government sought to balance the fundamental rights of citizens, particularly freedom of speech and expression, with the state’s imperative to maintain public order and harmony. To achieve this, the amendment introduced several key provisions. It expanded the grounds for restricting freedom of speech to include public order, friendly relations with foreign states, and incitement to crime. Additionally, it validated land reform laws by adding them to the Ninth Schedule, shielding them from judicial scrutiny. The amendment also empowered the state to make special provisions for socially and economically backward classes, affirming the principle of affirmative action. These changes aimed to strengthen the state’s capacity to govern effectively while upholding the core principles of the Constitution.
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