Nehru & Free Speech: Constitution Amendment Story

Aakhir Tak – In Shorts

Jawaharlal Nehru amended the Constitution in 1951 for the first time. This amendment restricted freedom of speech. Nehru stated the Constitution hindered social changes. He emphasized the need to maintain communal harmony. The amendment aimed to ensure national security.

Aakhir Tak – In Depth

In 1951, India’s first Prime Minister, Jawaharlal Nehru, amended the Constitution for the first time, because the “Constitution came in the way” of urgent social changes. This amendment was meant to restrict free speech. Nehru felt absolute freedom could lead to chaos. In the early days of the Republic, facing attacks from the RSS’s Organiser and Left’s Cross Roads, and seeing that absolute freedom of speech was creating an environment of animosity, Nehru set about to amend the Constitution for the first time. It was Article 19 (1) (a) that was in his crosshairs.

Article 19 (1) (a) of the Indian Constitution granted the freedom of speech and expression to Indian citizens, enabling them the liberty to freely express their thoughts, opinions, and ideas. A look at the first amendment is particularly interesting because of the political attacks and counter-attacks on the bid to change the Constitution and attempts to curb freedom of speech. The Congress, especially its leader Rahul Gandhi, has been alleging that the BJP-RSS was trying to change the Constitution. They also claim that freedom of speech has taken a beating under Prime Minister Narendra Modi.

On Thursday, PM Modi accused the Congress governments of Jawaharlal Nehru and Indira Gandhi of attacking freedom of speech. He reminded the Congress about the arrests of lyricist Majrooh Sultanpuri in 1951 and actor Balraj Sahni in 1949, as well as the ban on Dev Anand’s films on Doordarshan during the Emergency. The Constitution has been amended over 100 times now. And the first amendment was brought about by the first prime minister, Nehru.

The Nehru government was facing mounting challenges over free speech, particularly in cases concerning the press. Newspapers and journals, including the RSS’ Organiser and Romesh Thapar’s Cross Roads, regularly challenged state policies, criticized leaders, and amplified voices of opposition. Several newspapers published pieces that Nehru believed incited discord and threatened national stability.

One of the most significant instances was the case of Romesh Thapar vs State of Madras in 1950. Thapar’s journal, Cross Roads, had been banned by the Madras government for its vocal criticism of Nehru’s policies. The Supreme Court ruled the ban unconstitutional, citing Article 19(1)(a), which guaranteed freedom of speech and expression. Nehru felt that there was a misuse of expression freedom. The government stated that “the citizen’s right to freedom of speech and expression guaranteed by article 19(1)(a) has been held by some courts to be so comprehensive as not to render a person culpable even if he advocates murder and other crimes of violence.”

Aakhir Tak – Key Takeaways to Remember

• Nehru amended the Constitution in 1951.
• The amendment was to restrict free speech.
• Nehru considered the Constitution an obstacle to social changes.
• The amendment aimed to ensure national security.
• The government argued absolute rights can be abused.

Aakhir Tak Editor-in-Chief

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