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First Amendment of the Constitution of India
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First Amendment of the Constitution of India : ウィキペディア英語版
First Amendment of the Constitution of India

The First Amendment of the Constitution of India, officially known as The Constitution (First Amendment) Act, 1951, made several changes to the Fundamental Rights provisions of the constitution. It provided against abuse of freedom of speech and expression, validation of ''zamindari'' abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
The Bill for the amendment was moved by then Prime Minister, Jawaharlal Nehru, on 12 May 1951 and enacted by the Provisional Parliament of India on 18 June 1951.〔(Full text of First Amendment )〕
This amendment set the precedent of amending the Constitution to overcome judicial judgements impeding fulfillment of the government's perceived responsibilities to particular policies and programmes. The amendment's language giving it retrospective as well as prospective effect was used by Prime Minister Indira Gandhi during the Emergency, to render constitutional, actions that had been both illegal and unconstitutional.
==Freedom of speech==
In 1950, a leftist weekly journal in English, ''Cross Roads'' published by Romesh Thapar was banned by the Madras State for publishing critical views on Nehruvian policy, who petitioned the Supreme Court, which led to the landmark judgment in ''Romesh Thappar v. The State Of Madras'' on 26 May 1950. Eventually, in 1951 Nehru administration made the Amendment to 19(1)(a) of Constitution of India against "abuse of freedom of speech and expression".〔(【引用サイトリンク】 url = http://indiankanoon.org/doc/456839/ )
Some courts had held the citizen's right to freedom of speech and expression guaranteed by article 19(1)(a) of the Constitution to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence. The Provisional Parliament of India noted that in other countries with written constitutions, freedom of speech and of the press is not regarded as debarring the State from punishing or preventing abuse of this freedom.〔

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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