75 years on, the First Amendment still casts a long shadow, Pg13

Key Highlights:

• The First Amendment to the Indian Constitution received presidential assent on June 18, 1951, marking its 75th anniversary.
• It was enacted by the Jawaharlal Nehru government to overcome judicial pronouncements that challenged its social policies and legislative actions.
• The amendment introduced new restrictions on freedom of speech, curtailed the right to property, and allowed for reservations for "backward classes".
• It established the Ninth Schedule, making laws placed within it immune to judicial review, even if they violated fundamental rights.
• The amendment was a direct response to Supreme Court rulings against government attempts to censor the press, implement caste-based quotas, and enact land reforms.

Detailed Insights:

• The First Amendment was considered a "seismic shift" in India's constitutional architecture, labeled the "Second Constitution" by legal scholar Upendra Baxi.
• It was prompted by three key legal battles concerning the right to freedom of speech, freedom from discrimination, and the right to property.
• The Supreme Court had countermanded government censorship attempts against publications like Organiser and Cross Roads.
• The Madras High Court, in the Champakam Dorairajan case, ruled against strict caste- and community-based quotas in educational institutions.
• The Patna High Court struck down the Bihar Land Reform Act in March 1951, primarily due to issues with the right to equality regarding compensation.
• The amendment introduced new grounds for restricting freedom of speech, including public order, incitement to offenses, relations with foreign states, and state security.
• It allowed the government to circumvent the right to freedom from discrimination for social upliftment of "backward classes".
• The creation of the Ninth Schedule was described by jurist A G Noorani as an "obscenity created by wilful resolve".
• This amendment set a precedent for retrospectively amending the Constitution to overcome adverse judicial pronouncements.
• Syama Prasad Mookerjee led the opposition to the amendment, warning about the precedent it would set for future governments.

Key Concepts Involved:

• First Amendment: The initial modification to the Indian Constitution, enacted in 1951, altering fundamental rights and introducing new provisions.
• Ninth Schedule: A list of central and state laws that cannot be challenged in courts, even if they violate fundamental rights, added by the First Amendment.
• Judicial Review: The power of the judiciary to examine the constitutionality of legislative enactments and executive orders.
• Fundamental Rights: Basic human rights enshrined in Part III of the Indian Constitution, guaranteeing civil liberties and freedoms to all citizens.