Article 4 of the Constitution of India - Laws Made Under Articles 2 and 3
Article 4 of the Constitution of India deals with the constitutional consequences of laws made by Parliament under Articles 2 and 3. It enables such laws to make necessary changes to the First Schedule and Fourth Schedule and to contain supplemental, incidental and consequential provisions.
When Parliament makes a law concerning the admission or establishment of a new State under Article 2, or the formation or alteration of States under Article 3, Article 4 permits the law to make the Schedule changes and related provisions required to implement that reorganisation. Such a law is not treated as a constitutional amendment for the purposes of Article 368.
What is Article 4 of the Constitution of India?
Article 4 should be read together with Article 2 and Article 3 of the Constitution.
Article 2 concerns Parliament's power relating to the admission or establishment of new States. Article 3 deals with matters such as the formation of new States and alteration of the areas, boundaries or names of existing States. Article 4 provides the machinery for making the constitutional Schedule changes and associated provisions necessary to give effect to laws enacted under those Articles.
Text of Article 4
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.
(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.
Meaning and Scope of Article 4
Article 4 performs an important supporting function in the constitutional scheme governing the territory and States of India. A reorganisation law may require changes that go beyond merely describing a new boundary. The Constitution therefore expressly permits Parliament to include the provisions required to implement a law made under Article 2 or Article 3.
| Provision | Purpose |
|---|---|
| Article 2 | Admission or establishment of new States. |
| Article 3 | Formation of new States and alteration of areas, boundaries or names of existing States. |
| Article 4(1) | Permits necessary amendments to the First and Fourth Schedules and supplemental, incidental and consequential provisions. |
| Article 4(2) | Provides that such a law is not deemed to be an amendment of the Constitution for the purposes of Article 368. |
Amendment of the First Schedule
The First Schedule to the Constitution identifies the States and Union territories and their territories. Where a law made under Article 2 or Article 3 changes the territorial organisation of India, corresponding changes to the First Schedule may therefore be necessary.
Amendment of the Fourth Schedule
The Fourth Schedule deals with allocation of seats in the Council of States. State reorganisation can affect representation, and Article 4 consequently permits the necessary amendment of the Fourth Schedule when giving effect to a law under Article 2 or Article 3.
Supplemental, Incidental and Consequential Provisions
Article 4(1) also authorises Parliament to include supplemental, incidental and consequential provisions that Parliament considers necessary. The Constitution expressly mentions provisions concerning representation in Parliament and in the Legislature or Legislatures of the State or States affected by the law.
These provisions allow a reorganisation law to deal with matters reasonably connected with implementing the territorial or State changes authorised by Articles 2 and 3.
Article 4 and Article 368
Article 4(2) is particularly significant. It states that a law of the kind described in Article 4 is not deemed to be an amendment of the Constitution for the purposes of Article 368.
Accordingly, the constitutional changes that Article 4 itself authorises as part of a law under Article 2 or Article 3 do not, merely for that reason, have to be enacted as a constitutional amendment under Article 368.
Supreme Court Interpretation
The Supreme Court has explained that the powers under Articles 2, 3 and 4 operate within the constitutional scheme. In Mangal Singh v. Union of India, the Court considered the nature of Parliament's power in connection with the formation and reorganisation of States.
The constitutional power is therefore broad enough to include supplemental, incidental and consequential arrangements necessary for State reorganisation, but Article 4 is not an independent general power to override the constitutional structure.
Why Article 4 is Important
Article 4 ensures that Parliament can effectively implement changes made under Articles 2 and 3 without requiring a separate constitutional amendment merely because consequential alterations to the First or Fourth Schedule are necessary.
It therefore connects Parliament's power concerning the admission, establishment, formation and territorial alteration of States with the practical constitutional changes required to give those laws effect.
Related Constitutional Provisions
For a complete understanding of Article 4, readers should also examine Article 1 concerning the name and territory of the Union, Article 2 concerning admission or establishment of new States, Article 3 concerning formation and alteration of States, and Article 368 concerning amendment of the Constitution.