Article 4 of the Indian Constitution

Introduction

The Indian Constitution, which came into effect on January 26, 1950, is a living document that has evolved to meet the changing needs of the nation. Part I of the Constitution deals with the Union and its territory, and within this part, Article 4 plays a crucial role. Article 4 provides the mechanism for the amendment of the First and Fourth Schedules of the Constitution and the handling of incidental, supplemental, and consequential provisions related to the formation of new states and the alteration of areas, boundaries, or names of existing states. In this blog post, we will delve into the details of Article 4, exploring its provisions, significance, and historical context.

Text of Article 4

Article 4 of the Indian Constitution states:

“Laws made under Articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

• (1) Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.
• (2) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.”**

Analysis of Article 4

Clause (1): Provisions for Amendments and Supplemental Matters

• “Any law referred to in Article 2 or Article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions (including provisions as to representation in Parliament and in the Legislature or Legislatures of the State or States affected by such law) as Parliament may deem necessary.”

This clause outlines the following key points:

1. Amendment of Schedules: Any law enacted under Article 2 (admission or establishment of new states) or Article 3 (formation of new states and alteration of areas, boundaries, or names of existing states) must include provisions to amend the First Schedule and the Fourth Schedule of the Constitution as required. The First Schedule lists the states and union territories of India, while the Fourth Schedule allocates seats in the Rajya Sabha (Council of States) to the states and union territories.
2. Supplemental, Incidental, and Consequential Provisions: The law may also include additional provisions necessary to implement the changes effectively. These can cover a wide range of issues, including representation in Parliament and state legislatures, ensuring that the political and administrative changes are adequately reflected in the constitutional and legal framework.

Clause (2): Exclusion from Article 368

• “No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.”

This clause specifies that laws enacted under Articles 2 and 3, even though they involve amendments to the First and Fourth Schedules, are not considered amendments to the Constitution under Article 368. Article 368 outlines the procedure for formally amending the Constitution, which is a more stringent process. This provision ensures that changes related to the reorganization of states can be made more easily without undergoing the rigorous process required for other constitutional amendments.

Significance of Article 4

Simplifying the Reorganization Process

Article 4 simplifies the process of reorganizing states by allowing necessary amendments to the First and Fourth Schedules through ordinary legislation, rather than requiring a formal constitutional amendment. This facilitates quicker and more flexible responses to the dynamic political and administrative needs of the country.

Ensuring Comprehensive Legislation

By permitting supplemental, incidental, and consequential provisions, Article 4 ensures that all necessary adjustments are made when new states are formed or existing states are reorganized. This comprehensive approach helps in smooth transitions and reduces potential legal and administrative challenges.

Balancing Flexibility with Stability

While Article 4 provides flexibility in the reorganization of states, it also maintains stability by excluding these changes from the formal amendment process under Article 368. This balance ensures that state reorganization can be managed efficiently without compromising the overall stability and integrity of the Constitution.

Historical Context

The inclusion of Article 4 was driven by the need to accommodate the diverse and changing territorial landscape of India. At the time of independence, India consisted of numerous princely states and provinces with varying degrees of autonomy. The framers of the Constitution, led by Dr. B.R. Ambedkar, recognized the necessity of a flexible mechanism to manage the integration and reorganization of these territories. Article 4 provided the necessary constitutional framework to facilitate this process.

Notable Instances of Application

1. States Reorganisation Act of 1956: This Act, which reorganized states primarily on linguistic lines, included amendments to the First and Fourth Schedules as per Article 4.
2. Creation of New States (2000): The formation of Chhattisgarh, Uttarakhand, and Jharkhand involved amendments to the First and Fourth Schedules, reflecting the new states’ representation in Parliament and their respective boundaries.
3. Creation of Telangana (2014): The bifurcation of Andhra Pradesh to create Telangana also required amendments to the First and Fourth Schedules, ensuring appropriate representation and administrative adjustments.

Conclusion

Article 4 of the Indian Constitution is a critical provision that ensures the smooth reorganization of states within the Union. By allowing necessary amendments to the First and Fourth Schedules and including supplemental, incidental, and consequential provisions, Article 4 provides a flexible yet comprehensive framework for managing changes in the territorial and administrative structure of India. Understanding Article 4 is essential for appreciating how the Indian Constitution accommodates the dynamic nature of the nation’s political and administrative landscape, ensuring effective governance and representation.