Underline the significance of the first constitutional amendment. (UPSC CSE Mains 2021 - Political Science and International Relations, Paper 1)
Significance of Constitution First Amendment Act, 1951
- The First Amendment was passed in 1951 by the Provisional Parliament, members of who had just finished drafting the Constitution as part of the Constitutional Assembly.
- The First Amendment Act amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.
- Provided for the saving of laws providing for the acquisition of estates, etc.
- Added Ninth Scheduleto protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted.
- Reason for Amendments:
- The immediate reason for the amendments were a series of Supreme Court and High Court judgments that had struck down provisions of public safety laws, press related laws and criminal provisions that were deemed to be incompatible with the constitutional right to freedom of speech.
- Implications:
- Under the provisions of Article 31,laws placed in the Ninth Schedule cannot be challenged in a court of law on the ground that they violated the fundamental rights of citizens.
- Article 31(A), has vested enormous power to the State with respect to the acquisition of estates or taking over management of any property or corporation in public interest.It sought to exclude such acquisitions or from the scope of judicial review under Articles 14 and 19.
- The Ninth Schedule was widely misused. Ninth Schedule contains more than 250 legislations receiving protection under Ninth Schedulefrom judicial scrutiny.
Looking Forward
- The power to introduce amendments is with the Parliament/Executive. Several times, this power is exercised to assert its supremacy.Therefore, it is crucial that the Supreme Court performs the simultaneous role of interpreting and evaluating them judiciously. It is the role of the judges to limit these powers or declare the arbitrary and flawed amendments unconstitutional.
- The implications of the first amendment act 1951 have been areason for numerous political debates on the relevancy and sanctity of democracy.
- The ninth schedule has become controversial due to its absolute exemption from judicial scrutiny. This has led to the misuse of the laws several times.
- Hence,it is a positive approach to revisit the amendment to rectify the shortcomings.
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