CRITICAL ASSESSMENT OF FREEDOM OF SPEECH AND EXPRESSION UNDER THE EARLY CONSTITUTIONAL FIRST AMENDMENT ACT
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Keywords:
Freedom of Speech & Expression, First Amendment Act, provisional parliament, colonial continuity, institutional legitimacyAbstract
The Constitution (First Amendment) Act, 1951 continues to be one of India’s most controversial changes to the Original Constitution. It was stirred by the series of High Court judgements that adopted the reasoning provided by the Supreme Court in the striking down of the ‘Public Safety Act’ in Madras and East Punjab. The court was of the opinion that unless the issue was threatening the foundations of the State or in furtherance of overthrowing of the State, it was within the right to expression. This attracted the attention of the then Interim Prime Minister of the Dominion Parliament who moved the Parliament to pass a bill that would amend several provisions of the Parliament of India, especially in Chapter III. The Statement of Object and Reasons stated that the nation experienced ‘certain difficulties’ in the last fifteen months since the enactment of the Constitution. This paper aims to analyze the reasoning and background behind the passing of India’s first-ever change of the fundamental principles of the Constitution.
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