First Constitutional Amendment 1951 | Kerala PSC Graduate

The First Constitutional Amendment, enacted in 1951, is a pivotal topic in Indian Polity, frequently tested in Kerala PSC exams, particularly in the context of constitutional amendments, fundamental rights, and judicial review. This amendment, which came just a year after the Constitution’s adoption, introduced significant changes to Articles 15, 19, 85, 372, and 376, primarily to address challenges arising from early Supreme Court judgments. Understanding its provisions, implications, and related case laws is essential for aspirants, as questions often link it to Article 31B, the Ninth Schedule, and the doctrine of basic structure.

Background and Need for the Amendment

Year	Event	Details
1950	Enforcement of Constitution	The Indian Constitution came into effect on 26 January 1950, establishing the legal framework of the Republic.
1951	Supreme Court Judgments	Judgments like State of Madras v. Champakam Dorairajan (1951) struck down caste-based reservations under Article 15, prompting the need for constitutional changes.
1951	First Amendment Act	Enacted on 18 June 1951, it aimed to safeguard social reform measures and state powers against judicial scrutiny.

Key Provisions of the First Amendment

• Article 15(4) was added to permit the state to make special provisions for the advancement of socially and educationally backward classes, or for Scheduled Castes and Scheduled Tribes.
• Article 19(6) was inserted to allow the state to impose reasonable restrictions on the right to freedom of speech and expression under Article 19(1)(a), in the interest of public order.
• Article 31B and the Ninth Schedule were introduced to protect land reform and other laws from judicial review, placing them beyond the scope of constitutional challenges.
• Article 85 was amended to extend the duration of the first Lok Sabha from five to six years, a provision later repealed.

Supreme Court Judgments Leading to the Amendment

Year	Case	Outcome
1951	State of Madras v. Champakam Dorairajan	Struck down caste-based reservations under Article 15, as it violated the right to equality.
1951	Romesh Thappar v. State of Madras	Held that Article 19(1)(a) protects the right to freedom of speech and press, invalidating state restrictions.
1951	Brihan Mumbai Electric Supply and Transport Undertaking v. Workmen	Interpreted Article 19(1)(c) broadly, prompting the government to amend it to limit judicial activism.

Impact on Fundamental Rights and Judicial Review

• The amendment curtailed judicial review by introducing Article 31B and the Ninth Schedule, shielding laws placed therein from constitutional challenges.
• It expanded the state’s power to impose restrictions on fundamental rights, particularly under Article 19(1)(a), by adding Article 19(6).
• The amendment was later challenged in Kesavananda Bharati v. State of Kerala (1973), where the Supreme Court ruled that Parliament cannot amend the Constitution’s basic structure, including fundamental rights.

Criticism and Controversies

• Critics argued that the amendment undermined the independence of the judiciary by limiting its power to review laws.
• The expansion of the Ninth Schedule was criticized for allowing the inclusion of potentially unconstitutional laws, as seen in the I.R. Coelho v. State of Tamil Nadu (2007) judgment.
• The amendment was seen as a response to judicial activism, reflecting a power struggle between the legislature and the judiciary.

Subsequent Amendments and Related Provisions

Amendment	Year	Key Change
Fourth Amendment	1955	Further expanded the Ninth Schedule and amended Article 31A to protect land reform laws.
24th Amendment	1971	Empowered Parliament to amend any part of the Constitution, including fundamental rights.
42nd Amendment	1976	Added more laws to the Ninth Schedule and amended Article 31C to protect directive principles-based laws.

Quick Recap for PSC

• The First Constitutional Amendment was enacted in 1951, primarily in response to Supreme Court judgments like Champakam Dorairajan.
• It added Article 15(4) to permit caste-based reservations and Article 19(6) to restrict freedom of speech under Article 19(1)(a).
• Article 31B and the Ninth Schedule were introduced to protect laws from judicial review.
• The amendment was challenged in Kesavananda Bharati (1973), leading to the doctrine of basic structure.
• It amended Article 85 to extend the first Lok Sabha’s term, later repealed.
• The Ninth Schedule has been criticized for shielding potentially unconstitutional laws, as noted in I.R. Coelho (2007).
• Subsequent amendments like the 4th (1955) and 42nd (1976) further expanded the Ninth Schedule.
• The amendment reflects the tension between legislative power and judicial review in India’s constitutional framework.