This Article is written By Vanshita. J. Khatwani of 5thSemester of LLB of I.M Nanavati Law College Ahmedabad, an intern under Legal Vidhiya
ABSTRACT
The First Amendment of India known as the “Constitution” was Introduced on 18th June 1951.It was made for the Development of Government Assistance and to protect the underdeveloped Sections of the Society.The Amendment was Approved and Passed by the Provisional Parliament.The First Amendment Restricted the Fundamental Rights of the Constitution that Falls under Article 19 and Article 15. Both the Articles Focus on Eradication of Discrimination on the Basis of religion, caste, race etc and any kind of limitation on Speech and Expression.The first Amendment is perfect example for balance between the nation and citizens.The first Amendment established the Important Rights and Rules that the nation was lacking.
Keywords:
Constitutional provision, Article 19 and 15,Discrimination,Parliament and Fundamental Rights.
INTRODUCTION
The Constitution of India 1950 has a vital role and it had made a major impact in the life of citizens.It has given life and meaning to the law and Justice.The Journey from 1st Amendment 1951 to 104th Amendment 2019 is Seven Decades Long.The First Amendment took One month and Eight Days to Get Enacted.The First Amendment Presents a Clear Image of how serious changes made in the constitution can be a step forward to the established of peaceful Life and a cure to discrimination and injustice.
The First Amendment was enrolled by Both the parties of Congress and provisional Parliament.No other parties were associated.The latest Amendment Constitution of India is 105th Amendment Act 2021 it was launched by Dr.Vijendra Kumar on 9th August 2021.The First Amendment has decided to protect and manage the rights of the Backward Classes.The first Amendment has to be the twisted Act to change the provision of the constitution by bringing limitations to certain rights that are related to us in day to day life.There are several cases where the citizens of backward classes have faced inequality in justice they are not given proper respect and in today’s life still this is seen in some places.The Article 19 and Article 15 were enacted to Take care of each and every citizen of the country so that they can properly trust the government.The Government is making continuous efforts that the Discrimination should not exist,But it is not possible people are still fighting over the ownership, education facilities, water facilities etc.
CATEGORY OF AMENDMENT
Under Article 368 There are two Category of Amendments
They are as follows:
- Special Majority of Parliament:
In special majority of parliament the Constitutional Provisions can be amended by majority that exceeds 50% of total membership and 20% of the members of other houses for voting.parliament has the power to amend the bills under special majority.The provisions that are not covered by simple majority can be amended by the special majority of parliament.Simple majority takes care of all the unfinished work and duties that the parliament has not done, they are in charge in maintaining and completing of the tasks given.
- Simple Majority of Parliament:
Simple Majority of Two Houses of the parliament can amend the Constitutional provisions excluding Article 368
These Provisions are:
- Permission to use English language in Parliament.
- Several Luxurious Benefits given to the members of the parliament and it’s committees.
- Limited number of judges in the Supreme Court.
- Allowances, medical facilities and salaries of the members of the parliament.
- Attendance in parliament.
- Union territories.
- Commencing of New States.
- Right to privilege in rights for members and committees.
- Special Majority of Parliament with Ratification by half of the states.
The Constitutional provisions can be amended those are connected with the federal structure of the government by special majority of parliament or even with two-third approval of the states.If the bill is passed and not completed all but some states give their approval than the procedure is considered Finished.No Time limit is set for the state to give the constitutional provisions.some important provisions that can be amended are courts, union and state, legislative power. Special majority takes charge of all the duties are completed genuinely by the parliament.
The special Parliament takes care of the bills and provisions of the states and ratify it clearly and then pass it.
Why was First Amendment Introduced?
Before first Amendment there were several cases in which people with weaker sections were facing discrimination and they were not given equal rights and justice like other people large number of crimes started increasing in the country.The Country Brought all kinds of misconduct and unhealthy atmosphere due to lack of proper constitutional laws in India.The first Amendment has mainly focused on the advancement and public welfare of the society.The society needs to get benefited by the laws and conduct given by the parliament.The Government after facing many complaints against less freedom and injustice decided to enact the First Amendment Act.The Main objective in the country was the special rules for the Discrimination among and inside the states.
The First Amendment Act 1951 gives us The rights that were unable to satisfy the freedom to education, speech, employment and expression. Any provision was accepted that is not considered as obstacle for the citizen under Discrimination.Many citizens were not happy for the enactment of the First Amendment because it was somehow blocking their personal rights and interfering with their life.The first Amendment has done right research on managing certain laws.These laws take care of the whole structure of the law system.
KEY CHANGES BROUGHT BY THE FIRST AMENDMENT ACT
Several Rights were introduced after First Amendment Act
They are as follows:
- LIMITATION ON THE PRIVILEGE OF SPEECH & EXPRESSION:
The first amendment put certain limitation on having full right to speech and expression in order to stop defamation, False information, foreign relations, misunderstanding etc. Everyone deserves to Have equal freedom to speak, listen and talk and express their fear and criticism.This amendment restricted the right to speech and expression but it was done to protect us from any kind of misbehave, indecency and molarity that can be done by the other person which will challenge our social and mental peace.It is advantage as well as disadvantage.This is also a effective to protect reputation and prevent from harming each individual’s dignity.Freedom to speech can be managed peacefully if the matter is made with concern and hospitality.Otherwise The matter can lead into legal disputes and suits.The legal disputes may consume a lot of time for the case judgement.
- VERIFICATION OF SEVERAL LAWS:
There were several laws passed by the Government that breach the provisions of fundamental Rights.Fundamental Rights are for the protection and management of one’s life.They are the support system in the heart of law and justice.verification of several laws were made to provide a clear picture of the constitution that were made to challenge the law and fundamental rights of the citizens.These verification was done by the government to keep a clean statement that the fundamental rights are not inconsistent.These changes have made a great influence in the minds of the citizen.The verification has a simple procedure which requires involvement of a special provision and order.It is customised systematically to lower the amount of what and how rights are constituted.Proper use of several laws that can bring tough situations to the citizens should be verified properly while applying so that no mistake is done.
- PRESERVATION OF LANGUAGE
The National language of India is Hindi which is used in union as well as in day to day life other than that English is also considered useful for the communication in the personal or important purposes.Both the Languages are considered significant and can be used for special purposes in the union and in courts, meetings etc. Language is used for communication for speeches, oral presentations ,meetings and all kinds of conversation that are not hurtful for the other parties.Preservation of language means no use of foul mispronunciation that can lead to underdeveloped, misconduct, misbehaviour of the people. Therefore, Recently many amendments have passed by the government to encourage the native citizen to freely use their native language.Any Foul Language should be prohibited that can create chaos between two people they should maintain peace which is good for mentality and health.The citizens should be motivated to develop a guide to respected languages which has less chances of creating any misconduct or harassment between both the parties.
- ERADICATION OF ZAMINDARI SYSTEM
The first Amendment made significant changes in the land laws and reforms.They have taken care of the restrictions that were made on the land of the citizens.Now the Land is freely available for disturbing or farming or any other purposes.The Idea of Distribution of lands to people who don’t own a land in return of rent or as tenant or giving them land for farming and cultivation purposes.This is considered to be the most developing change made by the Government.A homeless person can live in the house and can work and then pay rents accordingly which will be beneficial for both The tenant as well as the landlord.some laws were enacted for the protection of the citizens under land reforms also to protect with safety and security.These laws helps in maintaining relationship between landlord and tenant.so there will no confusion.Government has increased the development of agriculture through abolishment of zamindari system which in result supported small farmers that can feed their families and help in the cultivation of crops. Distribution of land to landless farmers can be considered as key change implemented by the first amendment act.
- RIGHT TO FORM ASSOCIATES AND UNION
The Title itself says the right to form associates and union means anybody from any section of the society or union can join your organisation with their will to develop and work under you with full responsibility and hard work. A worker/employee shouldn’t be restricted yo follow certain rules that he/she has to stay at one place or organisation till death and never leave the organisation.It is considered as one of the major drawback for the workers to stay at one place and not move forward for better achievement and development.on the other side Government was trying to put a stop on any kind of negative publicity, motarity and Dignity of the citizen.The union and associations helps to maintain relationship between the employer and the employee and help to boost one’s morale.
It is also considered significant to establish a peaceful and healthy environment for the people.Union and associations at workplace maintains the goals and issues in the organisation.High superiors cannot form a union they have to act single h-handedly for the organisation.
CASE LAWS:
1. SAJJAN SINGH. V. STATE OF RAJASTHAN (1965):
In this landmark case, the Authority of the Constitution was challenged. Sajjan Singh a formal Maharaj of bharatpur said the amendments that are brought into impact have an effect on the fundamental rights mainly the right to property and Right to liberty.The court stick to its decision from the case shankari prasad vs union of India that the parliament process the authority to amend anything from the constitution even the fundamental rights.The Supreme Court held that the right to property is not natural right but a legal right and parliament is the part of legal officials so they can amend any right for public sake.
2. SHANKARI PRASAD DEO.V. UNION OF INDIA:
Shankari Prasad also challenged the validity of the First Amendment and the reason was to abolish the fundamental rights from any part of the constitution by the authority of the parliament. specially he was especially against Article 13 which was made under the First Amendment 1951 from judicial review. The court said if there are changes made for the development of the public, they should be ready to accept these changes and hence the parliament can amend anything under Article 368.
CONCLUSION
The first Amendment has brought many changes in the constitution of India.These changes has made a Proper Balance between individual and the nation.The nation has always thought to bring large amount of development in the life of the citizens.These Amendments have step by step slowly in each decade made major amount of development in the constitution.It should be kept in mind that the Amendments has posted certain rights and limitations on freedom of speech, union and language but it is for the development and protection of one’s reputation and dignity.
This Article about The First Amendment has given us a Brief theory about how the first amendment was implemented what are the key changes what type of work was included in it what are the major features of the amendment.The Amendment has established a lot of changes in the field of land reforms and laws with help in establishment of small scale resources and farmers which increase the agricultural work of the country.The first Amendment is the perfect example about changes that are being made for the development of the citizens and they are implemented on large scale process.
Removing Discrimination on the grounds of sex,caste,religion,race etc is the main motive of the first Amendment.Discrimination from any side or superior is not accepted.The backward class citizens should get equal amount of respect, education and freedom no injustice should be done to them they all are also equally liable for the non-Discrimination.The Amendments have made our life dependable on law it can help and solve all the rights and duties that the person lacks.The Amendments of the constitution are the vital changes that help in maintaining democratic country and accepting improvement and encouragement in the life of prople of the nation.
REFERENCES:
4)https://blog.ipleaders.in/first-amendment-of-indian-constitution/
