First Amendment to Constitution
Source: Indian Express
GS II: Constitution of India and Indian polity
What is discussed under First Amendment to Constitution?
Why in News?
- The Supreme Court has accepted to review a PIL that challenges the first amendment’s modifications to the right to free speech and expression.
- The petitioner argues that the amendment violates the fundamental structural doctrine.
About Amendment
- Jawaharlal Nehru, India’s first Prime Minister, passed it into law in 1951.
- Articles 15, 15 (3), 46, 341, 342, 372, and 376 were modified by the first amendment to the constitution, giving states the authority to ‘make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.’
- Since the Amendment, the state is prohibited from passing legislation that restricts people’ freedom of expression or their ability to engage in any trade or business.
Why Petitioners Challenged These Amendments?
- The following sections of the Indian Penal Code were shielded from unconstitutionality by these two additions:
Image by Venita Oberholster from Pixabay - 1) Sections 124A (sedition)
- 2) Section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc)
- 3) Section 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs)
- 4) Section 505 (statements conducing to public mischief)
Daily Current Affairs: Click Here