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Constitution (Amendment) Bill about Voter's right to recall elected representatives was introduced in Lok Sabha by C. K. Chandrappan in 1974 and Atal Bihari Vajpayee had supported this but the bill did not pass. [23] [24] This Right has been opposed by Election Commission of India and debated and highlighted in Indian politics. [25] [26] [27] [28]
The Constituent Assembly of India debated on freedom of speech and expression (Article 19(1) of the Draft Constitution,1948) on 1 December 1948, 2 December 1948 and 17 October 1949. The draft article read: 'Subject to the other provisions of this article, all citizens shall have the right – (a) to freedom of speech and expression; …
A new constitutional device, called Schedule 9 introduced to protect against laws that are contrary to the Constitutionally guaranteed fundamental rights. These laws encroach upon property rights, freedom of speech and equality before law. Jawaharlal Nehru: Rajendra Prasad: 2nd: Amend article 81(1)(b). [8] 2 May 1953
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fourth Amendment) Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution.
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution.It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
All pre-constitutional laws, if they conflict wholly or in part with the constitution, shall have all conflicting provisions deemed ineffective until an amendment to the constitution ends the conflict; the law will again come into force if it is compatible with the constitution as amended (the Doctrine of Eclipse).
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An amendment was struck down on the basis that it violated Article 13: "The State shall not make any law which takes away or abridges the rights conferred by [the charter of Fundamental Rights]". The term "law" in this article was interpreted as including a constitutional amendment.