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AI generated image On June 18, 1951, the First Amendment to the Indian Constitution came into force. Few constitutional changes have had a deeper impact on the Republic. Introduced less than 16 months after the Constitution’s adoption, it reshaped the relationship between the State, the judiciary and citizens at a formative moment in India’s democratic life.The amendment altered the scope of three fundamental rights: freedom of speech, equality and property rights. It also created a new constitutional mechanism through which certain laws could be protected from challenge on the ground that they violated fundamental rights. Significantly, these changes were enacted before independent India’s first general elections.The First Amendment expanded the grounds on which the State could impose reasonable restrictions on free speech under Article 19(2), including public order and friendly relations with foreign states. It enabled special provisions for socially and educationally backward classes under Article 15(4). It also inserted Articles 31A and 31B and created the Ninth Schedule, initially to protect land reform laws from being invalidated on fundamental-rights grounds.The amendment arose from a clash between constitutional rights and the social and political priorities of a newly independent nation. To its supporters, it was a pragmatic response to urgent demands of reform and nation-building. To its critics, it marked an early narrowing of the liberal promise of fundamental rights. Seventy-five years later, debates over speech, affirmative action, property, Parliament and judicial review still carry the imprint of choices made in 1951.When speech met public orderThe central question before the young Indian State and the Supreme Court was stark that how far could speech, especially press freedom, be restricted in the interest of public order?In Brij Bhushan v State of Delhi, the Supreme Court struck down a pre-censorship order against the Organiser under the East Punjab Public Safety Act, holding that prior restraint violated press freedom under Article 19(1)(a). In Romesh Thappar v State of Madras, it invalidated a ban on the magazine Cross Roads under the Madras Maintenance of Public Order Act, ruling that the restriction went beyond the then-existing limits under Article 19(2). Speech and the StateThese judgments prompted a constitutional response. The First Amendment expanded Article 19(2), giving the State wider grounds to impose reasonable restrictions on speech.The contrast with the United States is often noted. The American First Amendment is framed as a restriction on Congress’s power to abridge speech or press freedom. India’s First Amendment moved in a different direction: it recalibrated the balance between freedom and regulation, placing greater emphasis on constitutionally recognised grounds for restriction.Critics have long argued that this altered the liberal architecture of the original Constitution. Historian Tripurdaman Singh, in Sixteen Stormy Days, describes the First Amendment as a moment that narrowed individual liberty and civil rights. Others, including advocate Abhinav Chandrachud, have argued that the amendment must be understood against the anxieties of a newly independent country still dealing with Partition, communal violence and the challenge of maintaining order. Chandrachud has also noted that the insertion of the word “reasonable” gave courts a standard by which to test disproportionate restrictions.The legacy of this compromise remains visible. Modern disputes over speech, censorship, platform restrictions, films, books and public order continue to be argued within a framework in which free expression is constitutionally guaranteed but also subject to defined restrictions. The enduring question is whether that framework remains balanced in an age of instant communication, digital mobilisation and expanding State capacity.When reform was shielded from courtsThe most far-reaching provisions of the First Amendment related to land reform and judicial review. The abolition of the zamindari system was a major political and social project for governments at the Centre and in the states, but early land reform laws faced constitutional challenge.A key moment came when the Patna High Court struck down the Bihar Land Reforms Act in Kameshwar Singh. Concerned that similar laws could be vulnerable to judicial invalidation, the government introduced Articles 31A and 31B. Article 31B created the Ninth Schedule, which initially included 13 land reform laws. Land reform vs rightsThe stated purpose was to protect a major programme of agrarian reform from being stalled by litigation over property rights. Nehru expressed this concern in letters to chief ministers, writing that urgent social change could not be indefinitely delayed because the Constitution stood in the way, and that a remedy might require a constitutional change.The deeper constitutional question was larger than land reform. Could Parliament place certain laws beyond ordinary fundamental-rights scrutiny in pursuit of social and economic transformation? The First Amendment answered that question by creating a special shield for selected laws.A comparison is sometimes drawn with Franklin D Roosevelt’s New Deal struggle with the United States Supreme Court. Both Roosevelt and Nehru faced judicial resistance to transformative socio-economic programmes. But the constitutional routes differed. Roosevelt’s confrontation unfolded within the existing constitutional framework, while Nehru’s government amended the Constitution to reduce the vulnerability of land reform laws to rights-based challenge.Over time, the Ninth Schedule expanded far beyond its original land-reform setting. Laws relating to areas such as industrial regulation, reservations, electoral matters and taxation were also placed in it. This growth sharpened the tension between parliamentary power and constitutional supremacy.The Supreme Court addressed that tension in I.R. Coelho in 2007. A nine-judge bench held that laws placed in the Ninth Schedule after the Kesavananda Bharati judgment could still be tested if they damaged or destroyed the basic structure of the Constitution. In effect, the Court restored a constitutional limit: the Ninth Schedule could not become a blanket route to avoid judicial review.When equality made room for social justiceThe First Amendment also inserted Article 15(4), allowing the State to make special provisions for socially and educationally backward classes, as well as Scheduled Castes and Scheduled Tribes.This change followed the Supreme Court’s decision in State of Madras v Champakam Dorairajan, which struck down the Communal G.O. governing admissions in Madras on the ground that it violated the equality provisions of the Constitution. The case involved admissions to educational institutions and raised a foundational question: how should a constitutional promise of formal equality respond to deeply unequal social realities? Article 15(4) became the constitutional basis for affirmative action in education. It later shaped the broader trajectory of reservation policy, including debates that culminated in the Mandal Commission and the Supreme Court’s Indra Sawhney judgment.The larger debate has never disappeared. India continues to wrestle with how to reconcile equality of opportunity, historical disadvantage, representation and social mobility. The First Amendment did not settle that argument. It created the constitutional space in which the argument would unfold.The bargain that still governs IndiaThe First Amendment remains one of the most consequential moments in Indian constitutional history. Its critics see it as the point at which the Constitution’s promise of liberty was qualified by the imperatives of governance. Its supporters see it as a necessary adjustment by a fragile new democracy confronting social inequality, public disorder and urgent reform.Both readings contain a measure of truth. The amendment reminds us that constitutional democracies are sustained neither by rights alone nor by State power alone, but by a continuing negotiation between the two.As India marks 75 years of the First Amendment, the question is not simply whether the amendment was right or wrong in 1951. The more urgent question is whether the balance it struck between freedom and regulation, reform and rights, Parliament and courts, remains adequate for a twenty-first-century democracy.Avirup Bose is Professor of Competition Law and Policy at Jindal Global Law SchoolGet the latest India news and live updates. Download the TOI App.About the AuthorAvirup BoseAvirup Bose is Professor of Competition Law and Policy at Jindal Global Law School. He is a former expert consultant to the Competition Commission of India. Views are personal.End of ArticleFollow Us On Social MediaVideosRanchi Police Arrest 2 Accused In RSS Office Petrol Bomb Attack’Calculated Move To Isolate And Endanger Her’: TMC On Mamata Security RowPM Modi, Trump Hold Bilateral Talks On Hormuz, Seafarers, Defence, Trade TiesSpeaker to Hear TMC and Rebel Camps Before Deciding on Breakaway Faction’s Claim’If India Comes Under Attack And Modi Is The Leader, US Will Help’: Trump’It’s A Rough…’: Trump Reacts To Indian Seafarers’ Deaths As PM Modi Raises ConcernsAfter BJP Exit, Annamalai Eyes New Political Party With Growing Membership Base’We Are Prepared’: Akhilesh Yadav Rejects Split Buzz, Accuses BJP of Engineering Defections | WatchRevolt-Hit TMC Asked to Vacate Kolkata Headquarters Amid Lease DisputeIndia Blocks Telegram Ahead Of NEET Re-Exam, But It Remains Operational On VPN123Photostories6 localities of Nagpur attracting homebuyers and real estate investorsWhat would you do? 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BJP leader Agnimitra Paul (Image/ANI) NEW DELHI: West Bengal BJP leader Agnimitra Paul said the recent incidents of eggs being hurled at Trinamool Congress (TMC) leaders reflected growing public anger over alleged corruption and misgovernance in the state, describing it as a show of ‘deemocracy’ by the people.Her remarks came amid a series of egg-throwing incidents targeting several TMC leaders across West Bengal.Speaking to reporters on Wednesday in Hooghly, Paul said: “We don’t want anyone to take the law into their own hands, but you cannot forget how the people of Bengal were persecuted, corruption happened on every level of society, and Mamata Banerjee did not do anything.”The BJP leader alleged that people in the state had suffered due to corruption and claimed that the recent incidents reflected widespread resentment against the ruling TMC.”If people are hurling eggs, I call it ‘deemocracy’, and this is the fate of the TMC leaders,” Paul said.She maintained that the BJP does not support lawlessness but argued that public frustration had been building over the years. According to Paul, the incidents were a consequence of what she described as years of corruption and neglect by the Mamata Banerjee government.The latest incident occurred outside Banerjee’s heavily guarded Kalighat residence on June 14, when veteran TMC leader and Beliaghata MLA Kunal Ghosh was allegedly targeted by a youth who threw an egg at him while he was addressing reporters.The egg struck Ghosh on the head and broke on impact. The accused, identified as Chandan, later claimed that Ghosh ‘deserved’ the attack because of alleged wrongdoings by the TMC.Reacting to the incident, Ghosh described it as a ‘planned act of hooliganism’ and questioned how such an attack could take place near a residence protected by Z-category security.”Throwing an egg is not the problem. The problem is that an attack is being carried out right in front of Mamata Banerjee’s house, which is under Z-category security. We need to see who is carrying out this attack,” Ghosh said.The controversy deepened after Ghosh alleged that one of the accused was linked to a recent CID operation at Banerjee’s residence. Police later arrested two people in connection with the incident.The Kalighat episode was not an isolated case. On Tuesday, TMC youth leader Soumitra Banerjee was pelted with eggs and greeted with chants of “chor, chor, chor” while being escorted to court following his arrest in a separate case. Police later brought the situation under control and ensured his safe passage to court.Earlier, residents in Ariadaha allegedly hurled eggs at a vehicle linked to senior TMC MLA Madan Mitra amid protests over alleged “cut money” collections and local grievances. Mitra blamed the incident on “BJP-backed miscreants”, while residents claimed their anger had been building for months.The attacks come at a time when the TMC is facing political turbulence following a series of defections, resignations and internal dissent after its Assembly election setback. Rebel leaders have claimed that public dissatisfaction with corruption and governance issues is increasingly translating into visible protests against TMC functionaries.Paul had earlier made similar remarks in Asansol, where she argued that the trend of throwing eggs at political leaders was a reaction to what she described as ’15 years of oppression’ under the TMC government.”India is a democracy, and people have various ways of registering their protest. In Bengal, the culture of throwing eggs has begun, and it is a result of how Mamata Banerjee and Abhishek Banerjee have treated the people,” she had said.The BJP leader claimed that the growing number of such incidents demonstrated that citizens were increasingly pushing back against the ruling party.”The people are finally responding. What we are witnessing is a growing trend of defiance that is now visible everywhere,” Paul said.Get the latest India news and live updates. Download the TOI App.About the AuthorTOI News DeskThe TOI News Desk comprises a dedicated and tireless team of journalists who operate around the clock to deliver the most current and comprehensive news and updates to the readers of The Times of India worldwide. With an unwavering commitment to excellence in journalism, our team is at the forefront of gathering, verifying, and presenting breaking news, in-depth analysis, and insightful reports on a wide range of topics. The TOI News Desk is your trusted source for staying informed and connected to the ever-evolving global landscape, ensuring that our readers are equipped with the latest developments that matter most.”Read MoreEnd of ArticleFollow Us On Social MediaVideosRanchi Police Arrest 2 Accused In RSS Office Petrol Bomb Attack’Calculated Move To Isolate And Endanger Her’: TMC On Mamata Security RowPM Modi, Trump Hold Bilateral Talks On Hormuz, Seafarers, Defence, Trade TiesSpeaker to Hear TMC and Rebel Camps Before Deciding on Breakaway Faction’s Claim’If India Comes Under Attack And Modi Is The Leader, US Will Help’: Trump’It’s A Rough…’: Trump Reacts To Indian Seafarers’ Deaths As PM Modi Raises ConcernsAfter BJP Exit, Annamalai Eyes New Political Party With Growing Membership Base’We Are Prepared’: Akhilesh Yadav Rejects Split Buzz, Accuses BJP of Engineering Defections | WatchRevolt-Hit TMC Asked to Vacate Kolkata Headquarters Amid Lease DisputeIndia Blocks Telegram Ahead Of NEET Re-Exam, But It Remains Operational On VPN123PhotostoriesBigg Boss Malayalam 8: Celebrities netizens wish to see on the showMushrooms can provide up to 1200 IU Vitamin D per 100 grams if this small thing is done before cooking themHow to visit Kailash Mansarovar: Routes, permits, costs, best time to visit and key questions to ask60-second money lesson: 8 money saving hacks every woman using UPI should know right now5 luxury residential regions in Greater Noida attracting premium homebuyersWhat to do when your child is angry: Parents share most effective techniques that almost invariably workedRupali Ganguly’s rise to fame: From a filmmaker’s daughter to Indian television’s leading ladyHow to recognize manipulation: 5 life skills parents must teach children6 fun, cute and unique souvenirs you must bring home from JapanYou may not notice these health problems after 40 until it’s too late: The essential tests every man needs123Hot PicksOperation TigerNEET aspirant suicideKerala lipstick-free campusUS fed policyCrude prices fallStock MarketSSC CGL Tier 2 final answer keyWBJEE admit cardMP board second resultTop TrendingCristiano RonaldoIshan KishanShubham GillFIFA World Cup 2026SSC CGL Tier 2 final answer keyDownload Optifine for Minecraft 26.2SpaceXCBSE 10th Second Board Result 2026Eknath ShindeAustria vs Jordan Match Result Vamsikrishna41 minutes ago 0
Polling for two Rajya Sabha seats from Jharkhand RANCHI: Voting began for the election to two Rajya Sabha seats in Jharkhand on Thursday, amid adequate security arrangements on the assembly premises, an official said.Three candidates – BJP-backed Independent nominee Parimal Nathwani, JMM’s Baidyanath Ram and Pranav Jha of the Congress – are in the fray for the two seats.The voting started at 9 am at a polling station set up in the assembly complex amid fear of cross-voting, and will continue till 4 pm.”All arrangements, including adequate security, are in place to hold the polling peacefully,” the official said, adding that the counting of votes is likely to commence at 5 pm.The BJP-led NDA has 24 MLAs, four short of the minimum of 28 first-preference votes required in the 81-member assembly to secure a berth in the Upper House of Parliament.The ruling INDIA bloc, including the JMM and the Congress, has 56 members in the House.JMM’s Baidyanath Ram is expected to win easily, as the party has 34 members in the state assembly.Among the other INDIA bloc constituents, the Congress has 16 MLAs, the RJD has 4 legislators and the CPI(ML) Liberation two.All eyes are on the second seat, in which a tough fight between Congress’ Jha and NDA-backed Nathwani is likely.The NDA’s 24 MLAs include 21 from the BJP and one each from the LJP (Ram Vilas), AJSU Party and the JD(U). The Jharkhand Loktantrik Krantikari Morcha has one MLA.Both the ruling and opposition camps were leaving no stone unturned to keep their MLAs intact ahead of the polling.The NDA MLAs were shifted to a hotel in Ranchi on Tuesday, while the ruling INDIA bloc was busy holding meetings with its MLAs to thwart chances of cross-voting.The INDIA bloc MLAs, including those from the Congress, participated in a mock poll during a meeting at Chief Minister Hemant Soren’s residence on Tuesday night to make the new legislators aware of the exercise.Get the latest India news and live updates. Download the TOI App.End of ArticleFollow Us On Social MediaVideosRanchi Police Arrest 2 Accused In RSS Office Petrol Bomb Attack’Calculated Move To Isolate And Endanger Her’: TMC On Mamata Security RowPM Modi, Trump Hold Bilateral Talks On Hormuz, Seafarers, Defence, Trade TiesSpeaker to Hear TMC and Rebel Camps Before Deciding on Breakaway Faction’s Claim’If India Comes Under Attack And Modi Is The Leader, US Will Help’: Trump’It’s A Rough…’: Trump Reacts To Indian Seafarers’ Deaths As PM Modi Raises ConcernsAfter BJP Exit, Annamalai Eyes New Political Party With Growing Membership Base’We Are Prepared’: Akhilesh Yadav Rejects Split Buzz, Accuses BJP of Engineering Defections | WatchRevolt-Hit TMC Asked to Vacate Kolkata Headquarters Amid Lease DisputeIndia Blocks Telegram Ahead Of NEET Re-Exam, But It Remains Operational On VPN123PhotostoriesBigg Boss Malayalam 8: Celebrities netizens wish to see on the showMushrooms can provide up to 1200 IU Vitamin D per 100 grams if this small thing is done before cooking themHow to visit Kailash Mansarovar: Routes, permits, costs, best time to visit and key questions to ask60-second money lesson: 8 money saving hacks every woman using UPI should know right now5 luxury residential regions in Greater Noida attracting premium homebuyersWhat to do when your child is angry: Parents share most effective techniques that almost invariably workedRupali Ganguly’s rise to fame: From a filmmaker’s daughter to Indian television’s leading ladyHow to recognize manipulation: 5 life skills parents must teach children6 fun, cute and unique souvenirs you must bring home from JapanYou may not notice these health problems after 40 until it’s too late: The essential tests every man needs123Hot PicksJohn CenaFIFA World Cup 2026Dehradun NEET Aspirant DieTommy Fleetwood WifeScottie SchefflerIND vs AFG ScorecardUGC NET admit cardNHL TradeDayton BramhallTop TrendingCristiano RonaldoIshan KishanShubham GillFIFA World Cup 2026SSC CGL Tier 2 final answer keyDownload Optifine for Minecraft 26.2SpaceXCBSE 10th Second Board Result 2026Eknath ShindeAustria vs Jordan Match Result Vamsikrishna58 minutes ago 0
Om Prakash Rajbhar has reiterated that the Samajwadi Party split is definitely going to happen. NEW DELHI: Uttar Pradesh minister and Suheldev Bharatiya Samaj Party (SBSP) chief Om Prakash Rajbhar on Thursday doubled down on his claim that the Samajwadi Party (SP) is headed for a split.The remarks have triggered a fresh political row in Uttar Pradesh, with the ruling NDA claiming unrest within the opposition camp and the SP dismissing the allegations as a diversionary tactic ahead of the 2027 assembly elections.In a post on X, Rajbhar claimed that a rebellion within the SP was only a matter of time.”Ever since yesterday, everyone’s been asking what’s about to break in the SP? So listen! The rebel faction of SP’s dissident MPs will be led by a ‘red’ from Uttar Pradesh’s ‘Rebel Land’,” he wrote.Referring to a recent Brahmin conference organised by the party, Rajbhar added: “The way the SP office yesterday insulted Brahmins under the guise of a conference has deeply hurt the ‘red’ of ‘Rebel Ballia’. The plan was already in place, but yesterday’s incident has poured ghee into the fire. The split is definitely going to happen.”The SBSP chief also took a swipe at SP president Akhilesh Yadav, advising him to focus on keeping his flock together rather than engaging in what he called social media politics.”The way the entire Saifai family jumped into abusing me and issuing clarifications over one of my reactions — it’s far better for Akhilesh Babu to drop this Twitter, such-and-such, and PC-style leadership, and instead launch a ‘Save Our MPs’ campaign,” Rajbhar said.”And go to the homes of the upset and disappointed MPs to apologise to them,” he added.Rajbhar had first sparked the controversy on Wednesday when he claimed that a “major political realignment” was underway within the Samajwadi Party. He also alleged that senior SP leader Ram Gopal Yadav had written to Union home minister Amit Shah regarding party MPs, a claim that the opposition has rejected.”Only when someone is ready to be bought, people will buy them. Don’t keep your attention only on Maharashtra; it is UP’s number now,” Rajbhar said, hinting at political developments in Uttar Pradesh.He further alleged that corruption cases linked to the previous SP government were making party leaders nervous. “A major split is going to happen in the Samajwadi Party. Ram Gopal Yadav has submitted a letter to Union Home Minister Amit Shah ji. Everyone in Uttar Pradesh knows who the mastermind behind the mining scam and Gomti River Front scam is,” Rajbhar wrote on X.The BJP quickly backed Rajbhar’s claims. Deputy chief minister Keshav Prasad Maurya asserted that several SP MPs were ready to leave the party.”In SP, 25-26 MPs are ready to defect right now. We are not even breaking them. Many of SP’s MPs know they will break away on their own,” Maurya claimed.BJP spokesperson RP Singh said Rajbhar had merely highlighted internal discontent within the party, while deputy chief minister Brajesh Pathak accused Akhilesh Yadav of being “totally frustrated”.The Samajwadi Party, however, strongly denied any suggestion of a split.Responding to Rajbhar’s remarks, Akhilesh Yadav posted a cryptic jibe: “Dana aur gana kab tak chalega yeh afsana,” questioning how long such political narratives would continue.SP MP Afzal Ansari dismissed the speculation outright. “There is no question of a split in the Samajwadi Party. Others are waiting to break away and infiltrate the Samajwadi Party,” he said.Sambhal MP Zia Ur Rehman Barq also rejected the claims, saying the party remained united despite “temptation or pressure”.SP spokesperson Juhi Singh launched a sharp attack on Rajbhar, calling him a “turncoat” and alleging that he was acting as a BJP mouthpiece.The war of words comes at a time when political circles are already abuzz with speculation over reported unrest in other opposition parties, including Shiv Sena (UBT) and the Trinamool Congress, adding another layer of intrigue to the run-up to the 2027 Uttar Pradesh assembly elections.Get the latest India news and live updates. Download the TOI App.About the AuthorTOI News DeskThe TOI News Desk comprises a dedicated and tireless team of journalists who operate around the clock to deliver the most current and comprehensive news and updates to the readers of The Times of India worldwide. With an unwavering commitment to excellence in journalism, our team is at the forefront of gathering, verifying, and presenting breaking news, in-depth analysis, and insightful reports on a wide range of topics. The TOI News Desk is your trusted source for staying informed and connected to the ever-evolving global landscape, ensuring that our readers are equipped with the latest developments that matter most.”Read MoreEnd of ArticleFollow Us On Social MediaVideosRanchi Police Arrest 2 Accused In RSS Office Petrol Bomb Attack’Calculated Move To Isolate And Endanger Her’: TMC On Mamata Security RowPM Modi, Trump Hold Bilateral Talks On Hormuz, Seafarers, Defence, Trade TiesSpeaker to Hear TMC and Rebel Camps Before Deciding on Breakaway Faction’s Claim’If India Comes Under Attack And Modi Is The Leader, US Will Help’: Trump’It’s A Rough…’: Trump Reacts To Indian Seafarers’ Deaths As PM Modi Raises ConcernsAfter BJP Exit, Annamalai Eyes New Political Party With Growing Membership Base’We Are Prepared’: Akhilesh Yadav Rejects Split Buzz, Accuses BJP of Engineering Defections | WatchRevolt-Hit TMC Asked to Vacate Kolkata Headquarters Amid Lease DisputeIndia Blocks Telegram Ahead Of NEET Re-Exam, But It Remains Operational On VPN123PhotostoriesMushrooms can provide up to 1200 IU Vitamin D per 100 grams if this small thing is done before cooking themHow to visit Kailash Mansarovar: Routes, permits, costs, best time to visit and key questions to ask60-second money lesson: 8 money saving hacks every woman using UPI should know right now5 luxury residential regions in Greater Noida attracting premium homebuyersWhat to do when your child is angry: Parents share most effective techniques that almost invariably workedRupali Ganguly’s rise to fame: From a filmmaker’s daughter to Indian television’s leading ladyHow to recognize manipulation: 5 life skills parents must teach children6 fun, cute and unique souvenirs you must bring home from JapanYou may not notice these health problems after 40 until it’s too late: The essential tests every man needsTop 10 safest countries in the world in 2026; what travellers should know123Hot PicksJohn CenaFIFA World Cup 2026Dehradun NEET Aspirant DieTommy Fleetwood WifeScottie SchefflerIND vs AFG ScorecardUGC NET admit cardNHL TradeDayton BramhallTop TrendingCristiano RonaldoIshan KishanShubham GillFIFA World Cup 2026SSC CGL Tier 2 final answer keyDownload Optifine for Minecraft 26.2SpaceXCBSE 10th Second Board Result 2026Eknath ShindeAustria vs Jordan Match Result Vamsikrishna1 hour ago 0