NEW DELHI: PM Narendra Modi on Sunday recalled the first amendment of the Constitution when Jawaharlal Nehru was PM and said it was unfortunate that the very first amendment was done to “curtail” the freedom of speech and expression.
In his radio address ‘Mann Ki Baat’, the PM also referred to the 44th amendment through which the 42nd amendment, which had the provisions of the Emergency imposed in 1975 by the Indira Gandhi government, was rectified.
“In consonance with the times, circumstances and requirements of the country, various governments carried out amendments at different times. But this too has been a misfortune that the Constitution’s first amendment pertained to curtailing the freedom of speech and freedom of expression. Whereas, through the 44th amendment, the wrongs committed during the Emergency were duly rectified,” the PM said at the beginning of his radio talk as the day coincided with Constitution Day, the anniversary of the adoption of the Constitution by the Constituent Assembly in 1949.
Among various other provisions, three more grounds for restrictions on freedom of speech and expression were included in the Constitution in 1949, which included public order, friendly relations with foreign states and incitement to an offence.
The 44 Amendment Act, 1978, during the Janta Party government when Morarji Desai was prime minister, restored various powers of the Supreme Court and high courts. The Act allowed judicial review of the election of president, governors and Lok Sabha speakers, which had been repealed through the 42nd amendment.
“26th of November is extremely significant on one more account. It was on this very day in 1949 that the Constituent Assembly passed and adopted the Constitution of India. I remember… in the year 2015, when we were celebrating the 125th birth anniversary of Babasaheb Ambedkar, a thought had struck the mind to observe the 26th of November as Constitution Day,” Modi said.
In his radio address ‘Mann Ki Baat’, the PM also referred to the 44th amendment through which the 42nd amendment, which had the provisions of the Emergency imposed in 1975 by the Indira Gandhi government, was rectified.
“In consonance with the times, circumstances and requirements of the country, various governments carried out amendments at different times. But this too has been a misfortune that the Constitution’s first amendment pertained to curtailing the freedom of speech and freedom of expression. Whereas, through the 44th amendment, the wrongs committed during the Emergency were duly rectified,” the PM said at the beginning of his radio talk as the day coincided with Constitution Day, the anniversary of the adoption of the Constitution by the Constituent Assembly in 1949.
Among various other provisions, three more grounds for restrictions on freedom of speech and expression were included in the Constitution in 1949, which included public order, friendly relations with foreign states and incitement to an offence.
The 44 Amendment Act, 1978, during the Janta Party government when Morarji Desai was prime minister, restored various powers of the Supreme Court and high courts. The Act allowed judicial review of the election of president, governors and Lok Sabha speakers, which had been repealed through the 42nd amendment.
“26th of November is extremely significant on one more account. It was on this very day in 1949 that the Constituent Assembly passed and adopted the Constitution of India. I remember… in the year 2015, when we were celebrating the 125th birth anniversary of Babasaheb Ambedkar, a thought had struck the mind to observe the 26th of November as Constitution Day,” Modi said.
