Essay

What is Article 4 of the Indian Constitution?

Title:-
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 the First and the Fourth Schedules and supplemental, incidental and consequential matters

Article 4 :-
Original Article as given Constitution:- 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 tothe 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 ofthe 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.

Explanation:-to understand article 4 ,one must have knowledge of article 368 that deals with amendment to Constitution.Remember if Parliament want to change any provision or article or schedules mentioned Constitution, It has to propose a amendment bill under article 368.Second point is as mentioned in article 4, there is no necessary for Parliament initiate amendment bill under art.368 in order to persue any bill propose under article 2 or article 3,Remember article 2 deals admission of any newly aquired territory and its admission to Union of India(such as sikkim 1975 or recent addition of some villages in bangladesh to India),Also article 3 deals with re mapping or creation of states or territories in existing in Union of India(such creation of State of Telangana),

Article 4 gives power to Parliament under art 2 and 3 to makes changes to Territories of Union of India and tells that when parliament proposes any legislation under art 2 or 3,there is no necessary to consider it as Amemdment to Constitution,


This is because after independence from British in 1947, there were approx. 357 princely states which also got independence and they had right to join either India or Pakistan or remain separate,
So process of amalgation of these territories to india was going on continuously from 1947 to till date also there were many complex problems created due to partition of india,
So changes to Indian Union were inevitable and continuous,
Due to which Our Founding Fathers thought that if every such legislation is

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came under perview of article 368 i.e. Amendment of constitution then It will very tedious and complex work to aquire territories or rename states or create new state or merge any state to existing states.
Also it will become time consuming and difficult for parliament to fuction or proceed with foreign relations of country,
So minimise and simplify this problem,
They made provision of article 4.

Because this article if parliament gets contro or power over Constitution(Judiciary also) when it comes to make changes to map of Union of India, and also to make changes to representation of of any state to any house of Parliament.

I hope you got your answer, you got any more regarding this,comment i will try to explain.

Edit:-

Some guys got a confused about article 4 and amendment to constitution (i.e.100th amendment regarding transfer of territories between Bagladesh and India).

Guys,This is amendment because we transferred some of our villages to Bangladesh ...if it was only abt acquiring land then it doesn't require amendment but it is about transfering land to some country it will require amendment as Parliament is not competent enough to make trasfer of land directly.....Refer to SC Judgement of Berubari union case 1960 for further details.

Edit 2 :- another doubt (by Vaibhav)-

Sikkim was also an princly state then why it was not considerd in article 3 like hydrabad, junaghar, kashmir who also joined union of India??

  • Because kashmir junagarh and other princely were amalgated in india before 1950 (Remember Constitution of India enacted from 26th Jan 1950 also For Kashmir Provision of art.370 was created and It is like any other state of India but just with some very special Provision.)Whereas sikkim was like india's colony Though It Joined Union of India 1947 but with some conditions such that only decisions regarding defence,foreign relations,currency will be under indian government, Sikkim's Namgyal Crown was in friendly relationship with Govt of india and Also being a Tribal and preserved area Government of India accepted conditions of Sikkim's Crown and maintained that status quo till 1975 but then after repeated demands from people of sikkim for full fledged amalgation state into india,

    It Happened and Subsequently It was done at that time , To make it possible amendment under article 2 was needed since It was regarding former British Princely State which was not amalgated in union.. So Sikkim became full fledged Part and also a state of Union of India 1975.


Category: Research paper

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