Why this matters now
The 1st Amendment is the most-tested amendment for Prelims because it is the FIRST amendment; for Mains it raises the question of parliamentary power to amend Fundamental Rights (later contested in Golak Nath and Kesavananda Bharati). It also created the controversial Ninth Schedule that still shelters 280+ Acts from judicial review.
What triggered it: zamindari abolition + free-speech rulings
Three Supreme Court rulings between Jan 1950 and Apr 1951 had alarmed Nehru’s government:
- Romesh Thapar v. State of Madras (1950) — struck down the ban on the journal Cross Roads.
- Brij Bhushan v. State of Delhi (1950) — struck down pre-censorship of Organiser.
- Kameshwar Singh v. State of Bihar (1951) — Patna HC struck down the Bihar Land Reforms Act 1950 as violative of Article 14.
To save zamindari abolition and to allow press restrictions, the 1st Amendment was rushed through the Provisional Parliament.
Key changes
| Provision | Change |
|---|---|
| Article 15(4) | Added — State may make special provisions for socially & educationally backward classes (SEBC). |
| Article 19(2) | “Reasonable restrictions” on free speech added: public order, friendly relations with foreign States, incitement to offence. |
| Article 19(6) | State trade monopoly protected; reasonable restrictions on trade permitted. |
| Articles 31A & 31B | Added — savings clause for laws acquiring estates & the protection of laws placed in the Ninth Schedule. |
| Ninth Schedule | Created with 13 land-reform Acts. Laws placed in it are immune from challenge under Part III. |
| Articles 85 & 174 | President / Governor may summon & dissolve. |
Legacy: I.R. Coelho (2007)
For over five decades the Ninth Schedule was used (and abused) to shelter over 280 Acts. In I.R. Coelho v. State of Tamil Nadu (2007) a nine-judge Constitution Bench held that Ninth Schedule laws inserted after 24 April 1973 (Kesavananda Bharati cut-off) are subject to the Basic Structure test. The Ninth Schedule is no longer an absolute shield.
UPSC angle
Know 1st Amendment 1951 — Provisional Parliament, created Ninth Schedule with 13 Acts (now ~284), added 15(4) SEBC special provisions, 19(2) reasonable restrictions (public order/friendly foreign relations/incitement to offence), 31A & 31B (Romesh Thapar, Brij Bhushan, Kameshwar Singh triggers), Ninth Schedule shield limited by I.R. Coelho (2007) for post-1973 entries.
Frequently asked questions
What was the most important change in the 1st Amendment?
It created the Ninth Schedule and added Articles 31A and 31B to protect land-reform laws from being struck down on Fundamental Rights grounds.
Why was the 1st Amendment passed?
To save zamindari abolition laws (Kameshwar Singh case) and to permit press restrictions after Romesh Thapar and Brij Bhushan.
Are Ninth Schedule laws still immune from judicial review?
Not absolutely. After I.R. Coelho (2007), laws inserted after 24 April 1973 (Kesavananda Bharati date) can be tested against the Basic Structure doctrine.
How many Acts are now in the Ninth Schedule?
About 284 (up from the original 13 in 1951).