First Amendment to the Indian Constitution

Recently, the Supreme Court has agreed to examine a PIL challenging changes made to the right to freedom of speech and expression by the first amendment to the Constitution in 1951.

Objectionable Insertions

  • Section 3(1) of the amending Act substituted original Clause (2) of Article 19 with a new Clause (2), which contained two objectionable insertions.
  • New Clause (2), contained “two objectionable insertions” allowing restrictions also “in the interest of public order” and “in relation to incitement to an offence”
  • These two Insertions protect the following sections:
    • ­124A: Sedition
    • ­153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, ....
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