Hey, I would like to put your attention on a very interesting topic i.e First Constitutional Amendment. I would like to tell you that India’s Constitution is the number one constitution in which most amendments were done all over the world countries. Let us see it in detail, with the topic i.e., First Constitutional Amendment Act 1951.
Why Amendment is required?
The constitution is an organic document
Need to assimilate and adapt to the changes in the socio-political milieu of society
- Hence Article 368 was inserted in the constitution to adopt these changes in the future
As you know in 1950 The Constitution was adopted and as well as at the same time we implement the constitution. The first requirement to amend the constitution is almost after 15 months of implementation of the constitution. The government says that we want to give reservations we want to reform some schemes but there is did no mention in the Constitution about the reservations and some other things. Therefore there was needfulness of First Constitutional Amendment Act 1951 is required.
Object and Reason (First Constitutional Amendment Act 1951)
During the last fifteen months of the working,
Certain difficulties have been brought to light by judicial decisions and pronouncements especially in regard to the Chapter on Fundamental Rights.
To remove difficulties created by the various court’s decisions in cases like Kameshwar Singh Case, Romesh Thaper Case, Champakam Dorai Rajan Case
Issues involved in the cases included Reservation, Freedom of Speech, Acquisition of the Zamindari land, State monopoly of trade.
The main objects of this Bill are, accordingly amend
Article 15 (Special Provisions for the advancement of Socially and Educationally Backward Classes.)
To insert provisions fully securing the Constitutional validity of Zamindari abolition laws in general certain specified States Acts in particular.
Provided for the saving of laws providing for the acquisition of estates, etc.
Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review.
Article 31A and 31B were inserted.
inserted 3 grounds of restrictions on freedom of speech and expression: Public order, Friendly relations with foreign States, and incitement to an offence.
Restrictions were made ‘reasonable’ in nature.
Nationalization of any trade or business by the State is not to be held invalid on the ground of violation of the Right to trade or business.
Let us see what changes were done in the first constitutional amendment Act.
Amendment Of Article 15:- To article 15 of the Constitution the following clause shall be added.
“(4) Nothing in this article or in Clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Caste and the Scheduled Tribes.”
Amendment of Article 19 and validation of certain laws-(1) in Article 19 of the Constitution:-
(a) for clause (2) the following clause shall be substituted, and the said clause shall be deemed always to have been enacted in the following form namely:-
“(2)Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the security of the State friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.”
Amendment of article 85. –
For article 85 of the Constitution, the following article shall be substituted, namely: ” 85. Sessions of Parliament, prorogation and dissolution .- (1) The President shall from time to time summon each House of Parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. a) prorogue the Houses or either House; (b) dissolve the House of the People”.In this clause, the six months period was added by the Amendment.
Amendment of article 87. –
In article 87 of the Constitution, (1) in clause (1) , for the words ” every session “ , the words ” the first session after each general election to the House of the People and at the commencement of the first session of each year ” shall be substituted ;
(2) in clause (2), the words ” and for the precedence of such discussion over other business of the House ” shall be omitted.
Article 87 in The Constitution of India 1949
Special address by the President (1). At the commencement of the first session after each general election to the House of the People and at the commencement of the first session of each year the President shall address both Houses of Parliament assembled together and inform Parliament of the causes of its summons
( 2 ) Provision shall be made by rules regulating the procedure of either House for the allotment of time for discussion of the matters referred to in such address.
” NINTH SCHEDULE “will stay out of judicial review, which means if parliament makes any law or act in Ninth Schedule it will not able to review in the court.
- Limit to Fundamental Rights like Right to Property and Right to property and said by the parliament that we will decide to how much property you can own.
- Constitutionalize to the Reservation.
- Expand and refined to Article 19.
- Restriction of freedom of speech in a friendly relation with foreign countries.
( Article 31B )
1. The Bihar Land Reforma Act, 1950 ( Bihar Act XXX of 1950 ).
2. The Bombay Tenancy and Agricultural Lands Act, 1948 ( Bombay Act LXVII of 1948 ).
3. The Bombay Maleki Tenure Abolition Act, 1949 ( Bombay Act LXI of 1949 ) .
4. The Bombay Taluqdari Tenure Abolition Act, 1949 ( Bombay Act LXVII of 1949 ) .
5. The Panch Mahals Mehwassi Tenure Abolition Act, 1949 ( Bombay Act LXIII of 1949 ).
6 The Bombay Khoti Abolition Act, 1950 (Bombay Act VI of 1950)
7. The Bombay Paragana and Kulkarni Watan Abolition Act, 1950 (Bombay Art IX of 1950) STUDY