Critical Assessment Of Freedom Of Speech And Expression Under The Early Constitutional First Amendment Act

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Nishanth Chidananda
Published On: 30/04/2022
Volume: 8
Issue: 2
First Page: 341
Last Page: 348
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Cite this Article

Nishanth Chidananda, Critical Assessment Of Freedom Of Speech And Expression Under The Early Constitutional First Amendment Act, Volume 8 Issue 2, Journal of Legal Studies & Research, 341-348, Published on 30/04/2022, Available at https://jlsr.thelawbrigade.com/article/critical-assessment-of-freedom-of-speech-and-expression-under-the-early-constitutional-first-amendment-act/

Abstract

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.

Keywords: Freedom of Speech & Expression, First Amendment Act, Provisional Parliament, Colonial Continuity, Institutional Legitimacy

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