Here's a list of some of the laws passed since 'independence' by the Indian government that curtailed individual liberty in India and a short description of how they do so.
Each of these laws increased state aggression over economic, social, and personal freedoms.
1. Constitutional Amendments & Laws Curtailing Freedom
First Amendment Act, 1951
Effect: Limited free speech by introducing "reasonable restrictions" under Article 19(2). Allowed curbs on property rights by enabling laws to place restrictions on land ownership.
Why it curtails freedom: It weakened property rights and free speech protections, setting a precedent for future government overreach.
Fourth Amendment Act, 1955
Effect: Further restricted property rights by allowing compulsory acquisition of property without adequate compensation.
Why it curtails freedom: Strengthened state intervention in property rights, undermining economic freedom.
Seventeenth Amendment Act, 1964
Effect: Expanded the Ninth Schedule to shield land reform laws from judicial review.
Why it curtails freedom: Allowed laws that violated property rights and contract freedoms to remain beyond legal challenge.
Forty-Second Amendment Act, 1976
Effect: Added the words "socialist" and "secular" to the Preamble, made Directive Principles of State Policy (Part IV) more enforceable, and curtailed judicial review.
Why it curtails freedom: Imposed a collectivist vision on India, subordinating individual rights to state control in policy-making.
Forty-Fourth Amendment Act, 1978
Effect: Removed the right to property as a fundamental right, reducing it to a legal right under Article 300A.
Why it curtails freedom: Allowed government to seize private property with minimal legal recourse.
2. Laws Expanding Bureaucratic Control
Reserve Bank of India Act, 1934 (as amended post-1947)
Effect: Granted the RBI extensive monetary control, including monopoly over currency issuance.
Why it curtails freedom: Prevents free banking and competition in money issuance, forcing reliance on fiat currency.
The Hindu Religious and Charitable Endowments (HR&CE) Acts (various state laws post-1950s)
Effect: Gave the state control over Hindu temples, while similar controls were not imposed on other religious institutions.
Why it curtails freedom: Violates property rights and religious freedom by restricting Hindus' management of their temples.
Industries (Development and Regulation) Act, 1951
Effect: Required private industries to obtain licenses for establishment, expansion, and production.
Why it curtails freedom: Created the "License Raj," stifling entrepreneurship and economic competition.
Agricultural Produce Market Committee (APMC) Acts (various state laws, 1950s-1970s)
Effect: Mandated farmers to sell produce only in government-regulated mandis.
Why it curtails freedom: Eliminated free market competition in agriculture, reducing farmers' bargaining power.
State Bank of India Act, 1955
Effect: Nationalized the Imperial Bank of India and converted it into SBI, a state-owned entity.
Why it curtails freedom: Expanded state control over banking, reducing private sector participation in finance.
Banking Companies (Acquisition and Transfer of Undertakings) Acts, 1969 and 1980
Effect: Nationalized 14 major private banks (1969) and later 6 more (1980).
Why it curtails freedom: Destroyed financial competition, leading to inefficiency and government misallocation of credit.
Securities Contracts (Regulation) Act, 1956
Effect: Gave the government control over stock exchanges and their functioning.
Why it curtails freedom: Restricted the free operation of financial markets.
Essential Commodities Act, 1955
Effect: Allowed the government to control production, supply, and distribution of essential goods.
Why it curtails freedom: Led to shortages and black markets due to artificial price controls.
Urban Land (Ceiling and Regulation) Act, 1976
Effect: Limited private ownership of urban land.
Why it curtails freedom: Prevented efficient land use, contributing to real estate shortages and high housing costs.
Land Acquisition Act, 1894 (amended in 1984)
Effect: Gave the state broad powers to acquire private land for "public purpose."
Why it curtails freedom: Allowed forced land seizures with minimal compensation.
Foreign Exchange Regulation Act (FERA), 1973
Effect: Severely restricted foreign exchange transactions and capital movements.
Why it curtails freedom: Prevented Indians from freely holding and transacting in foreign currencies.
FERA still persists in a different from through the FEMA act.
Foreign Exchange Management Act (FEMA), 1999
Effect: Replaced FERA but retained restrictions on foreign exchange transactions, requiring RBI and government approval for various cross-border financial activities.
Why it curtails freedom: Continues to limit Indians' ability to freely hold and transact in foreign currencies, restricting financial sovereignty.
Black Money (Undisclosed Foreign Income and Assets) Act, 2015
Effect: Criminalized undisclosed foreign assets and income with harsh penalties.
Why it curtails freedom: Targeted financial privacy and assumed guilt before proving wrongdoing, violating due process.
Arms Act, 1959 (Amended in 2019)
Effect: Reduced the number of legally permitted firearms per person from three to one, making gun ownership harder.
Why it curtails freedom: Undermines self-defense rights by making it nearly impossible for law-abiding citizens to own weapons.
Personal Freedom Restrictions
Arms Act, 1959
Effect: Introduced strict gun licensing requirements.
Why it curtails freedom: Made self-defense difficult for law-abiding citizens.
Prevention of Money Laundering Act (PMLA), 2002 (Expanded in 2019 & 2022)
Effect: Empowers the Enforcement Directorate (ED) to seize assets, arrest individuals without formal charges, and conduct searches without warrants under the pretext of fighting financial crimes.
Why it curtails freedom: Enables state overreach by bypassing legal safeguards, reversing the burden of proof onto the accused, violating due process.
Telecommunications Act, 2023
Effect: Grants the government the power to intercept, monitor, and block telecommunications services on vague grounds like "national security" and "public emergency."
Why it curtails freedom: Effectively legalizes mass surveillance, restricts internet freedom, and enables arbitrary shutdowns of communication networks.
3. Taxation & Economic Control Laws
Finance Acts (Annual Budgets)
Income Tax Act, 1961
Effect: Introduced direct taxation with progressive rates.
Why it curtails freedom: Penalized wealth accumulation, reducing incentives for productivity.
Customs Act, 1962 & Central Excise Act, 1944 (Expanded post-1947)
Effect: Imposed heavy duties on imports and production.
Why it curtails freedom: Restricted free trade, increasing costs for consumers and businesses.
Gift Tax Act, 1958
Effect: Taxed personal gifts above a certain threshold.
Why it curtails freedom: Penalized voluntary wealth transfers.
Wealth Tax Act, 1957
Effect: Taxed individuals on their total wealth holdings.
Why it curtails freedom: Disincentivized long-term wealth accumulation.
The Prevention of Insults to National Honour Act, 1971
Effect: Criminalized acts like disrespecting the national flag or anthem.
Why it curtails freedom: Imposed restrictions on expression and political dissent.
Foreign Contribution (Regulation) Act (FCRA), 1976
Effect: Restricted NGOs and individuals from receiving foreign donations without government approval.
Why it curtails freedom: Limited financial independence and voluntary funding for organizations.
Income Tax Informants Reward Scheme (Revised 2018)
Effect: Rewards individuals for reporting tax evasion, allowing the government to incentivize informants.
Why it curtails freedom: Creates an environment of state-sanctioned surveillance where individuals can be targeted based on allegations, leading to misuse and harassment.
Income Tax (Amendments Post-1991)
Effect: Expanded tax collection powers, including provisions allowing retrospective taxation and criminal penalties for minor compliance failures.
Why it curtails freedom: Increases government control over private wealth, creating uncertainty for businesses and individuals.
