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.
• Original Clause (2) of Article 19 was dealing with reasonable restrictions on the freedom of speech and expression guaranteed under Article 19(1)(a).
• 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 ....