Previous Year Question
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
First Amendment
42nd Amendment
44th Amendment
86th Amendment
Correct Answer: A
Detailed Solution
The Constitution (First Amendment) Act, 1951 was enacted to address certain judicial interpretations of Fundamental Rights and the resulting constitutional difficulties during the early years of the Republic. It received presidential assent on 18 June 1951.
Three major constitutional issues lay behind the amendment:
1. Freedom of speech and expression
In cases such as Romesh Thappar v. State of Madras and Brij Bhushan v. State of Delhi, the Supreme Court had interpreted the original Article 19(2) narrowly. The First Amendment modified Article 19(2), expressly providing for “reasonable restrictions” and adding grounds such as public order, friendly relations with foreign States and incitement to an offence.
2. Socially and educationally backward classes
In State of Madras v. Champakam Dorairajan, caste-based educational reservation was held inconsistent with Fundamental Rights. The First Amendment subsequently inserted Article 15(4).
It empowered the State to make special provisions for the advancement of socially and educationally backward classes and for Scheduled Castes and Scheduled Tribes.
3. Protection of land-reform legislation
To protect zamindari-abolition and land-reform laws against constitutional challenges:
Article 31A was inserted to protect specified classes of laws, including those concerning the acquisition of estates.
Article 31B was inserted.
The Ninth Schedule was introduced, initially containing 13 laws.
The First Amendment also modified Article 19(6), clarifying the State’s authority to establish a complete or partial monopoly over any trade, business, industry or service.
The other options relate to different subjects:
42nd Amendment, 1976: Inserted Socialist, Secular and Integrity in the Preamble; added Fundamental Duties; and made extensive changes relating to Directive Principles and Union powers.
44th Amendment, 1978: Restored civil-liberty protections after the Emergency and removed the Right to Property from Fundamental Rights, placing it under Article 300A as a constitutional right.
86th Amendment, 2002: Inserted Article 21A providing the Fundamental Right to education for children aged 6–14 years, modified Article 45 and added Article 51A(k).