Parliament and the Courts in Independent India: The Constitution (First Amendment) Act, 1951

In May 1951 Jawaharlal Nehru introduced before Parliament a Bill to amend the Indian Constitution, some fifteen months after it had come into force. Some of these amendments concerned important “fundamental rights”: the right to freedom of speech (Art. 19(1)(a)); rights against the compulsory acquisition of property (Art. 31); and rights against nondiscrimination (Art. 15(1)). Each of these amendments was a response to judgments of the High Courts and the Supreme Court striking down legislation for violating these rights; and each amendment had the effect of nullifying the offending judgments.