A list of Indian laws passed between 1947 and 1991 that curtailed individual freedom in India.
Each of these laws increased state control 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.
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.
Eighth Schedule Expansion (1950s-1990s)
Effect: Strengthened Part 17 (Official Language) by expanding the list of recognized languages.
Why it curtails freedom: Increased linguistic centralization, which limited free expression and economic opportunities for non-Hindi speakers.
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.
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.
4. Personal Freedom Restrictions
Arms Act, 1959
Effect: Introduced strict gun licensing requirements.
Why it curtails freedom: Made self-defense difficult for law-abiding citizens.
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.