Important Amendments to the Constitution of India – Part 1

As we pledge on the Constitution it is important to know more about its structure and democratic values

Important Amendments to the Constitution of India – Part 1

FIRST AMENDMENT ACT, 1951

The First Amendment to the Indian Constitution was enacted in 1951, shortly after the adoption of the Constitution in 1950. It introduced several significant changes to the original text of the Constitution and was aimed at addressing various legal and social issues that emerged in the early years of Independent India. Here are some key aspects of the First Amendment:

• Land Reform Laws: One of the primary objectives of the First Amendment was to introduce land reform laws to abolish zamindari systems and land tenure systems that were considered feudal and exploitative. The amendment empowered state governments to enact laws for the acquisition of estates or any rights therein, with compensation, and to impose restrictions on the transfer of agricultural land.

• Freedom of Speech and Expression: The First Amendment introduced restrictions on the freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution. It added new grounds for imposing reasonable restrictions on the freedom of speech and expression, such as public order, friendly relations with foreign states, and incitement to an offense.

• Addition of Article 31A: The First Amendment introduced Article 31A which empowered the government to acquire land for public purposes with compensation determined by law, not necessarily its market value. This paved the way for crucial land reforms, redistributing land to millions of marginalized farmers. It provides constitutional protection to laws enacted for agrarian reforms and the acquisition of estates and landholdings to promote social welfare and public interest.

• Judicial Review: The First Amendment sought to limit the scope of judicial review by inserting Article 31B and the Ninth Schedule into the Constitution. Article 31B provided immunity to certain laws related to land reform and social welfare measures from judicial scrutiny, while the Ninth Schedule included such laws to protect them from being challenged in courts on the grounds of violation of fundamental rights.

• Reservation in Educational Institutions: The amendment allowed the state to make special provisions for the advancement of socially and educationally backward classes by reserving seats in educational institutions.

FOURTH AMENDMENT ACT, 1955

1. Article 19 Amendment
• The Amendment added clauses (2), (3), and (4) to Article 19, which introduced new restrictions on the exercise of these freedoms. These restrictions were deemed necessary to maintain public order, security, and morality.
• The Amendment also clarified that the Right to Freedom of Speech and Expression did not extend to Acts that were considered to be against the sovereignty and integrity of India, friendly relations with foreign states, public order, decency, or morality.

2. Article 31 Amendment
• It specified scenarios in which property could be compulsorily acquired, including for public purposes, by public companies, for educational purposes, and for the improvement of public health, among others. The amendment also laid out principles for determining compensation in such cases, taking into account factors such as the market value of the property, the purpose of acquisition, and any improvements made by the owner.

3. Article 300A introduced
• The Fourth Amendment introduced Article 300A, which guaranteed protection for “personal property” against deprivation except through a law providing for fair compensation. This amendment aimed to provide clarity and legal validity to the process of property acquisition while ensuring that individuals were adequately compensated for the loss of their property.

SEVENTH AMENDMENT ACT, 1956

• States Reorganization: This Amendment established new states and altered boundaries of existing ones, replacing the earlier Part A, B, C, and D categorization. This aimed to address linguistic and cultural demands, leading to the creation of 14 states and 6 territories.
• High Courts: The Amendment provided for the establishment of a common High Court for two or more states in certain cases. This aimed to optimize resources and judicial infrastructure. Additionally, it enabled the appointment of additional and acting judges to High Courts to address workload concerns. It also extended the authority of High Courts to Union Territories.

NINTH AMENDMENT ACT, 1960

This amendment involved the cession of the Berubari Union Indian territories, located in West Bengal, to Pakistan, in accordance with the terms outlined in the Indo-Pakistan Agreement of 1958.

TENTH AMENDMENT ACT, 1961

This Amendment incorporated Dadra and Nagar Haveli as a Union Territory within India after acquisition from Portugal.

TWELFTH AMENDMENT ACT, 1962

This Amendment incorporated Goa, Daman and Diu as a part of India.

THIRTEENTH AMENDMENT ACT, 1962

Nagaland was given the status of a State through this Amendment Act and special protection as provided.

FOURTEENTH AMENDMENT ACT, 1962

• This Amendment incorporated Pondicherry within the Indian Union.
• It also provided for creation of Legislatures and Council of Ministers for Himanchal Pradesh, Manipur, Tripura, Goa, Daman and Diu and Pondicherry.

FIFTEENTH AMENDMENT ACT, 1963

This Amendment extended the jurisdiction of High Courts to issue writ, directions or order to any government, authority or person outside its territorial jurisdiction if the cause of action arose within its defined territorial jurisdiction. This essentially means that if a person from State A has been wronged by an authority of state B, the High Court in state B will have jurisdiction to adjudicate upon the matter.

SIXTEENTH AMENDMENT ACT, 1963

This Amendment added the reasonable restriction on fundamental freedoms as under Article 19 to include restrictions meant to protect and uphold the sovereignty and integrity of India.

SEVENTEENTH AMENDMENT ACT, 1964

• This Amendment stipulates that the state’s acquisition of any land cultivated for personal use shall be deemed illegal unless compensation equivalent to the market value is provided.
• It further added 44 Act (legislations) within the ambit of Schedule IX, protecting more legislations from judicial scrutiny.

EIGHTEENTH AMENDMENT ACT, 1966

This Amendment Act emphasised that the authority vested in the Parliament encompasses not only the ability to alter state boundaries but also the capacity to establish a new state by amalgamating a portion of any existing state or Union territories with another. This interpretation resulted in the formation of the new states of Punjab and Haryana.

TWENTY-FIRST AMENDMENT ACT, 1967

The language ‘Sindhi’, which was earlier a language of undivided India, was officially recognised as a regional language included in the Schedule VIII of the Indian Constitution.

Sources:

Important Amendments to the Constitution of India – Part 1

As we pledge on the Constitution it is important to know more about its structure and democratic values

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