Why Amendment is required
- Constitution is an organic document
- Need to assimilate and adapt the changes in the socio-Political milieu of society
- hence article 368 was inserted in the constitution to adapt these changes in the future
Objective and reason
- During the last fifteen months of the working of the Constitution,
- certain difficulties have been brought to light by judicial decisions and pronouncements specially in regard to the chapter on fundamental rights
- To remove difficulties created by the various court’s decision in cases like Kameshwar Singh Case, Romesh Thapar Case, Champakam Dorai Rajan Case
- Issues involved in the cases included Reservation, freedom of speech, acquisition of the Zamindari land, State monopoly of trade,
- The main objects of this Bill are, accordingly to amend
- Article 15 (Special provisions for advancement of socially and Educationally backward classes.)
- Article 19
- to insert provisions fully securing the constitutional validity of zamindari abolition laws in general and certain specified State Acts in particular.
- Provided for the saving of laws providing for acquisition of estates, etc.
- Added Ninth Schedule to protect the land reforms and other laws included in it from the judicial review.
- Articles 31A and 31B were inserted.
- Inserted 3 grounds of restrictions on freedom of speech and expression: public order, friendly relations with foreign states and incitement to an offence.
- Restrictions were made ‘reasonable’ in nature
- Nationalization of any trade or business by the state is not to be held invalid on the ground of violation of the right to trade or business.
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