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First Amendment to Indian Constitution: Redefining Rights



  Nov 17, 2023

First Amendment to the Indian Constitution and Article 19



Context of the Amendment:

The First Amendment to the Indian Constitution, enacted in 1951, was a significant step in refining and defining the scope of fundamental rights, particularly those related to freedom of speech and expression, and the right to practice any profession or carry on any occupation, trade, or business.

Key Changes in Article 19:

Article 19(1)(a) - Freedom of Speech and Expression: Original Provisions: Included restrictions like 'security of state', 'decency or morality', 'contempt of court', and 'defamation'.

First Amendment Additions: Introduced three new grounds for restricting free speech:

Friendly Relations with Foreign States: To prevent malicious propaganda against foreign nations and maintain diplomatic harmony.

Public Order: To ensure that speech or expression does not disrupt public order and peace.

Incitement to an Offence: Restricting speech that could incite the commission of an offense.

Article 19(2) - Reasonable Restrictions:

The amendment empowered courts to review limitations on free speech, ensuring that any restriction must be 'reasonable' and not arbitrary or excessive.

Article 19(6) - Right to Practice Profession or Business:

Original Provision: Guaranteed the right to practice any profession or to carry on any occupation, trade, or business.

Amendment: Added a clause allowing the State to create monopolies or to conduct any trade, business, industry, or service, either partially or completely excluding private entities. This was aimed at clarifying the government's power to nationalize certain sectors.

Significance of the Amendment:

Balancing Individual Rights and State Interests: The amendment aimed to balance individual freedoms with the collective interests of the state and society.

Legal Framework for Nationalization: The changes in Article 19(6) provided a clear legal basis for the government to undertake nationalization and establish state monopolies in certain sectors.

Judicial Review: The introduction of 'reasonable restrictions' allowed for judicial oversight, ensuring that restrictions on fundamental rights are not misused or applied arbitrarily.

Impact:

Diplomatic Relations: The addition of 'friendly relations with foreign states' helped in maintaining diplomatic decorum and avoiding international conflicts due to irresponsible speech.

Public Order and Security: The inclusion of 'public order' and 'incitement to an offence' as grounds for restriction helped in maintaining internal peace and security.

State Control in Economy: The amendment in Article 19(6) facilitated the state's role in economic activities, aligning with the then socio-economic policies of the government.

SRIRAM’s


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