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Polity and governanceConstitutional amendments1951

1st Amendment

Added the Ninth Schedule and new grounds for restricting free speech.

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Also inserted Articles 31A and 31B to protect land reform laws.

The old Parliament House (Sansad Bhavan), New Delhi.
The old Parliament House (Sansad Bhavan), New Delhi. Nikhilb239, CC BY-SA 4.0, via Wikimedia Commons
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Prelims

Quick recall

When was the First Amendment passed?
1951.
Which Schedule did it add?
The Ninth Schedule.
Which clause on backward classes did it add?
Article 15(4).
Which case prompted Article 15(4)?
State of Madras v. Champakam Dorairajan (1951).
Which grounds did it add to Article 19(2)?
Public order, friendly relations with foreign States and incitement to an offence.
Which case limited Ninth Schedule immunity?
I.R. Coelho (2007).

Asked before in UPSC

Recurring theme: Ninth Schedule immunity and reasonable restrictions on free speech

Mains
  1. 2016 · GS2 · 12.5 marks

    What was held in the Coelho case? In this context, can you say that judicial review is of key importance amongst the basic features of the Constitution?

    The Ninth Schedule created by the First Amendment is what I.R. Coelho subjected to basic structure review.

  2. 2014 · GS2 · 12.5 marks

    What do you understand by the concept "freedom of speech and expression"? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.

    The First Amendment added 'public order' and related grounds to Article 19(2), which frame any answer on limits to speech.

  3. 2013 · GS2 · 10 marks

    Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.

    Section 66A was tested against the Article 19(2) grounds, several of which were inserted by the First Amendment.

Prelims
  1. 2018 · Prelims

    Consider the following statements: 1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India. 2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2

    Tests that Parliament can place laws in the Ninth Schedule but that such laws are not fully immune from judicial review.

The basics

Why it matters

The First Amendment (1951), passed by the provisional Parliament, added new limits on free speech, protected land reform laws and allowed special provisions for backward classes. It shaped the relationship between rights and social reform.

1951
Year of the First Amendment
Passed by the provisional Parliament before the first general election.

What it changed

It made several changes at once.

First Amendment
  1. 1Article 19(2)Added public order, friendly relations with foreign States, incitement to an offence
  2. 2Article 15(4)Special provisions for backward classes, SCs and STs
  3. 3Ninth ScheduleShields listed laws from challenge
  4. 4Articles 31A and 31BProtect land reform laws

Why it was passed

Courts had struck down land reforms and some speech restrictions.

The trigger
  1. 1Land reform struck downZamindari abolition laws challenged.
  2. 2Speech casesRomesh Thappar and Brij Bhushan (1950).
  3. 3Reservation caseChampakam Dorairajan (1951).
  4. 4AmendmentParliament responded in 1951.

You now know

  • Passed in 1951 by the provisional Parliament.
  • Added reasonable restrictions to Article 19(2), including public order.
  • Inserted Article 15(4) and the Ninth Schedule.
  • Protected land reform laws through Articles 31A and 31B.

Go deeper

In one line: The First Amendment balanced individual rights against social reform soon after the Constitution began.

Why it matters for UPSC

It created the Ninth Schedule and Article 15(4), both frequently asked.

The core idea

Early court rulings struck down land reforms and a reservation order. Parliament amended the Constitution, starting a long dialogue with courts, and expanded the limits on free speech under Article 19(2).

Where to go next

In one line: The amendment set the pattern of Parliament amending the Constitution to overcome court rulings.

Criticism

It widened restrictions on speech and shielded laws from review.

Later limits

I.R. Coelho (2007) held Ninth Schedule laws added after 24 April 1973 can be tested against the basic structure. Article 19(2) grounds remain subject to reasonableness.

Where to go next

Ninth Schedule

Laws shielded from judicial review

In one line: The Ninth Schedule lists laws protected from challenge on grounds of violating fundamental rights.

Origin

Added by the First Amendment (1951) through Article 31B.

Limit

I.R. Coelho (2007): laws added after 24 April 1973 can be reviewed against the basic structure.

Where to go next

Article 19(2)

Limits on free speech

In one line: Article 19(2) lists grounds on which the State can impose reasonable restrictions on free speech.

Grounds

Sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation and incitement to an offence.

Test

Restrictions must be reasonable.

Where to go next

Prelims-style quiz

  1. The Ninth Schedule was added by the:

    1. 7th Amendment
    2. 42nd Amendment
    3. 1st Amendment
    4. 24th Amendment
    Show answer

    Answer: (c) 1st Amendment. The First Amendment, 1951.

  2. Consider the following:
    1. The First Amendment added 'public order' to Article 19(2).
    2. It was passed by the first elected Lok Sabha.
    Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Show answer

    Answer: (a) 1 only. It was passed by the provisional Parliament before the first elections.

  3. Article 15(4) was a response to:

    1. Golak Nath
    2. Kesavananda Bharati
    3. Indra Sawhney
    4. Champakam Dorairajan
    Show answer

    Answer: (d) Champakam Dorairajan. Champakam Dorairajan (1951).

  4. In which case did the Court hold Ninth Schedule laws after 1973 can be reviewed?

    1. S.R. Bommai
    2. I.R. Coelho
    3. Waman Rao
    4. Minerva Mills
    Show answer

    Answer: (b) I.R. Coelho. I.R. Coelho (2007).

Syllabus

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