The First Amendment to the Indian Constitution, enacted in 1951, was a significant step in refining and defining the scope of fundamental rights, particularly those related to freedom of speech and expression, as well as the right to practice any profession or carry on any occupation, trade, or business.
Original Provisions: The article initially included restrictions such as 'security of state', 'decency or morality', 'contempt of court', and 'defamation'.
First Amendment Additions: This amendment introduced three new grounds for restricting free speech:
The amendment empowered courts to review limitations on free speech, ensuring that any restriction must be 'reasonable' and not arbitrary or excessive.
Original Provision: This section guaranteed the right to practice any profession or carry on any occupation, trade, or business.
Amendment: It added a clause allowing the State to create monopolies or conduct any trade, business, industry, or service, either partially or completely excluding private entities. This was aimed at clarifying the government’s power to nationalize certain sectors.
The amendment aimed to balance individual freedoms with the collective interests of the state and society.
The changes in Article 19(6) provided a clear legal basis for the government to undertake nationalization and establish state monopolies in certain sectors.
The introduction of 'reasonable restrictions' allowed for judicial oversight, ensuring that restrictions on fundamental rights are not misused or applied arbitrarily.
The addition of 'friendly relations with foreign states' helped in maintaining diplomatic decorum and avoiding international conflicts arising from irresponsible speech.
The inclusion of 'public order' and 'incitement to an offence' as grounds for restriction contributed to the maintenance of internal peace and security.
The amendment in Article 19(6) facilitated the state’s role in economic activities, aligning with the socio-economic policies of the government at that time.
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