Criticism of First Amendment Act
This amendment act faced several numbers of criticisms on many grounds which are discussed below:
- Violation of Fundamental Rights: Some critics challenged this amendment on the ground that this amendment had violated the fundamental rights of the citizens of India by adding reasonable restrictions to the freedom of speech and expression and the right to form associations. They argue that these restrictions will be used to suppress dissent and opposition parties by the Government of India.
- Dilution of Judicial Review: The addition of the “Ninth Schedule” for protecting certain laws from the judicial review has been criticized as a dilution of the power of the judiciary system. Critics made the argument on the ground that this will undermine the system of checks and balances and could lead to abuse of power by the government.
- Lack of Clarity: “Article 31C” had been criticized for their lack of clarity and potential for misuse. There had been some concerns that this provision could be used to circumvent the fundamental rights of citizens.
- Political Motivations: This amendment had also been criticized for its perceived political motivations. Some critics made an argument on the ground that the government at the time used the amendment to consolidate its power and suppress dissenting voices.
- Unequal Treatment: “Article 31A“, which allowed the state to make laws for the acquisition of land, had also been criticized for treating landowners differently from other citizens. Critics made arguments on the ground that it violated the principles of equal treatment under the law.