Chapter

The Social Revolution and the First Amendment

Granville Austin

in Working a Democratic Constitution

Published in print July 2003 | ISBN: 9780195656107
Published online October 2012 | e-ISBN: 9780199080397 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195656107.003.0005
The Social Revolution and the First Amendment

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This chapter opens by giving the general background of property issues followed by their treatment in the First Amendment. It discusses the First Amendment's provisions relating to property, focusing on agricultural property and the nationalization of commercial and industrial property. The Supreme Court ruled unconstitutional the government legislation and rules changing property relations and removing the ‘man-made inequalities’ of which Vice-President Radhakrishnan had spoken. Remedy again was sought in amending the Constitution. At the heart of the confrontation were issues crucial in any democracy, and especially in India's, with its hierarchical social system, its predominantly agricultural economy, and its vital interest in the seamlessness of the web: individual interest against the national interest; government's role in reforming society; and conflicts between ‘law’ and ‘justice’. The chapter concludes with the amendment's provisions that deal with remedial treatment for disadvantaged citizens, variously called positive discrimination and compensatory discrimination.

Keywords: agricultural property; industrial property; positive discrimination; compensatory discrimination; India; Vice-President Radhakrishnan

Chapter.  14029 words. 

Subjects: Constitutional and Administrative Law

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