Actual Article
Article 4: 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
- 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.
- No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.
UPSC Notes for Article 4
Explanation:
- Amendment Provisions: Article 4 ensures that any laws made under Articles 2 and 3 include necessary amendments to the First and Fourth Schedules of the Constitution.
- Supplemental Provisions: Allows for additional provisions related to representation in Parliament and state legislatures.
- Non-Constitutional Amendment: Laws made under Articles 2 and 3 are not considered constitutional amendments for the purposes of Article 368, simplifying the process.
Key Points:
- First Schedule: Lists the states and union territories of India.
- Fourth Schedule: Allocates seats for states and union territories in the Rajya Sabha (Council of States).
- Flexibility and Efficiency: Article 4 streamlines the process of reorganization without the need for a formal constitutional amendment.
Important Cases and Commissions Related to Article 4
Cases:
- Mangal Singh vs. Union of India (1967): Affirmed that laws under Article 4 do not need to follow the procedure of constitutional amendments under Article 368.
- Keshavananda Bharati vs. State of Kerala (1973): Highlighted the basic structure doctrine but clarified that Article 4 laws are an exception to Article 368.
Commissions:
- States Reorganization Commission (1953): Its recommendations led to laws under Articles 2 and 3, demonstrating the use of Article 4 for amending schedules and making supplemental provisions.
Important Reports Related to Article 4
- States Reorganization Commission Report (1955): Outlined the need for changes to the First and Fourth Schedules, showing the practical application of Article 4.
- Punchhi Commission Report (2007): Discussed the need for flexibility in state reorganization, implicitly supporting the utility of Article 4.
Anything Important Left Related to Article 4
- Impact on Representation: Article 4 ensures that any territorial changes do not disrupt parliamentary and legislative representation.
- Legislative Flexibility: Provides Parliament with the ability to make necessary changes efficiently, supporting the dynamic nature of India’s federal structure.
- Harmonious Construction: Article 4 works in harmony with Articles 2 and 3, ensuring smooth implementation of state reorganization.
By understanding Article 4, UPSC aspirants can appreciate how the Indian Constitution allows for efficient territorial reorganization and necessary amendments to related schedules. This knowledge is crucial for both preliminary and main examinations, offering insights into the legislative adaptability and constitutional framework of India.