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SC agrees to hear plea challenging the first amendment to Constitution

Why in News?
The Supreme Court (SC) has agreed to examine a PIL (Public Interest Litigation) challenging changes made to the right to freedom of speech and expression by the first amendment to the Constitution in 1951.
● The court said there is a legal issue, which arises for consideration, and has sought the Center’s views.
What are the Petitioner’s Arguments?
● Objectionable Insertions:
○ Section 3(1) of the amendingAct 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”
● Neglects National Security:
○ The amendment also neglects national security by dropping the expression ‘tends to overthrow the State’ which raises grave concern in the context of the dangers posed to the concept of the secular democratic republic by radicalism, terrorism, and religious fundamentalism.
● These two Insertions Protect Sections:
○ 124A: Sedition
○ 153A: Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to the maintenance of harmony.
○ 295A: Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs)
○ 505: Statements conducing to public mischief) of the Indian Penal Code from the vice of unconstitutionality.
● Section 3 (1)(a)- 3 (2) Void:
○ The plea urged the court to declare Section 3 (1)(a) and 3 (2) of the First Amendment “beyond the amending power of Parliament” and void since the “same damage the basic or essential features of the Constitution and destroy its basic structure”.
What was the Constitution First Amendment Act, of 1951?
● About:
○ The First Amendment was passed in 1951 by the Provisional Parliament, members of who had just finished drafting the Constitution as part of the Constitutional Assembly.
○ The First Amendment Act amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.
○ Provided for the saving of laws providing for the acquisition of estates, etc.
○ Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review. After Article 31, Articles 31A and 31B were inserted.
● Reason for Amendments:
○ The immediate reason for the amendments were a series of Supreme Court and High Court judgments that had struck down provisions of public safety laws, press related laws and criminal provisions that were deemed to be incompatible with the constitutional right to freedom of speech.
● Implications:
○ Under the provisions of Article 31, laws placed in the Ninth Schedule cannot be challenged in a court of law on the ground that they violated the fundamental rights of citizens.
○ Article 31(A), has vested enormous power to the State with respect to the acquisition of estates or taking over management of any property or corporation in public interest. It sought to exclude such acquisitions or from the scope of judicial review under Articles 14 and 19.
○ The Ninth Schedule was widely misused. Ninth Schedule contains more than 250 legislations receiving protection under Ninth Schedule from judicial scrutiny.
Way Forward
● The First Amendment debates, although conducted in a very different political context, remain relevant today, as democracy in India is going through difficult or uncertain times.
● The custodial death of Stan Swamy, and the recent revelations around the misuse of the Pegasus surveillance spyware against Opposition leaders, lawyers, and human rights defenders, highlight why institutional safeguards for freedom of speech must be protected and strengthened.
● Revisiting the First Amendment debates, 74 years after independence, could be one step in this direction.

UPSC Civil Services Examination, Previous Year Question

Q. The Ninth Schedule was introduced in the Constitution of India during the prime ministership of (2019)
(a) Jawaharlal Nehru
(b) Lal Bahadur Shastri
(c) Indira Gandhi
(d) Morarji Desai
Ans: (a)