Constitutional Guarantees For Dissent: A Study Of The Constitution (First Amendment) Act And The Dialogue On Contemporary Democratic Backsliding
Kartikeya Anshu, ILS Law College
ABSTRACT
This research paper explores the impact of the First Amendment to the Constitution of India, championed by Jawaharlal Nehru’s Congress in the Provisional Parliament, on civil liberties and government policies in independent India. In particular, the study seeks to investigate the impact of Nehruvian actions in the infancy of the Indian Constitution, the precedent it set for future parliaments, and the parallels between the underlying legislative intent of this Amendment and contemporary governance agendas.
The paper commences with an introductory section that provides a concise overview of the First Amendment and its pervasive effects on Indian society. The historical background of this Amendment is then presented, contextualizing the political and social milieu in which it was initially proposed. The paper subsequently scrutinizes the Amendment bill and assembly debates surrounding it, delving into the political motives and legislative objectives underlying this legislative measure.
Subsequently, the paper delves into the aftermath of the First Amendment, especially the Emergency era, examining its effects on civil liberties and democracy in India. Finally, the contemporary political landscape is evaluated, investigating the congruity between the initial legislative intent of the First Amendment and current government policies and agendas. The paper concludes with the importance of studying the First Amendment, as a precursor to examine the nature of freedom of speech and anti-dissent values as has evolved ever since.
In conclusion, this study provides a comprehensive analysis of the First Amendment and its impact on Indian society and politics. It underscores the need for critical appraisal of legislative measures that impinge on civil liberties in the interests of governmental policies and populist objectives and emphasizes the significance of maintaining a delicate balance between individual rights and the state's interests.
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