Article 4 of the Indian Constitution

Article 4 of the Indian Constitution
(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.

Article 4 of the Indian Constitution provides the procedural and legal framework for the admission, establishment, and reorganisation of states. It ensures that changes to the territorial composition of India can be implemented effectively without requiring the formal constitutional amendment process outlined in Article 368. This provision plays a pivotal role in maintaining flexibility within India’s federal structure.

Provisions of Article 4

Article 4 contains two key clauses that define its scope and application:
Clause (1):
Any law enacted under Article 2 (admission or establishment of new states) or Article 3 (formation or alteration of states) must make necessary amendments to:

• The First Schedule — which lists the states and union territories.
• The Fourth Schedule — which specifies the allocation of seats in the Rajya Sabha.

This clause also empowers Parliament to include supplemental, incidental, and consequential provisions, such as adjustments to representation in Parliament or state legislatures, to give full effect to the changes.
Clause (2):
It clarifies that laws made under Article 2 or Article 3 are not treated as constitutional amendments under Article 368. As a result, reorganisation of states does not require the more complex procedure prescribed for constitutional amendments.

Key Features

• Facilitates the reorganisation of states without the need for a constitutional amendment.
• Ensures that representation in legislative bodies is updated automatically following territorial changes.
• Provides Parliament with flexibility to respond to evolving administrative, political, or cultural demands.

Important Judicial Interpretations

Several Supreme Court judgments have clarified the operation of Article 4:

• Babulal Parate v. State of Bombay (1960): Confirmed that the procedure under Article 3 does not require an amendment under Article 368.
• Mangal Singh v. Union of India (1967): Reiterated that reorganisation laws are not constitutional amendments.
• State of West Bengal v. Union of India (1963): Emphasised the extent of Parliament’s power under Articles 3 and 4, noting that the special amendment process is not required for such changes.

Significance in the Federal Framework

Article 4 ensures that India’s territorial structure remains adaptable. By removing the procedural barriers of constitutional amendment, it allows Parliament to efficiently integrate new territories, adjust state boundaries, or alter names in response to administrative needs, linguistic identities, or political agreements. This provision has been instrumental in multiple reorganisations, from the State Reorganisation Act of 1956 to the formation of new states in later decades.