Article 4 of Indian Constitution
Article 4 of the Indian Constitution: Text and Meaning
Text of Article 4
(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.
(2) Any law referred to in article 2 or article 3 shall be passed by the Parliament by a simple majority and shall not be deemed to be an amendment of this Constitution for the purposes of article 368.
Explanation and Context
1. Purpose of Article 4
Article 4 deals with laws enacted by Parliament to alter the territorial boundaries of states or to create new states within India. Specifically, these are laws made under:
Article 2: Admission or establishment of new states into the Union
Article 3: Formation of new states, alteration of boundaries, or changing names of existing states
Article 4 governs the procedural and constitutional status of such laws.
2. Key Points
When Parliament passes laws under Articles 2 or 3 to alter state boundaries or create new states, these laws must include necessary changes in the First Schedule (which lists the states and territories of India) and the Fourth Schedule (which allocates seats in the Rajya Sabha to states).
Such laws are passed by simple majority in Parliament. This means they do not require the special majority or ratification by states that constitutional amendments typically require.
Importantly, laws under Article 4 are not considered amendments to the Constitution under Article 368, even though they modify the First and Fourth Schedules.
3. Why is Article 4 important?
It streamlines the process of altering the map of India by enabling Parliament to act with a simple majority.
This allows flexibility for the Union government to reorganize states or admit new territories without going through the complex amendment process.
Relationship with Articles 2 and 3
Article 2 allows Parliament to admit new states (usually newly acquired territories or previously independent regions).
Article 3 empowers Parliament to:
Form new states by separating territory from existing ones
Increase, diminish, or alter boundaries of states
Rename states
Article 4 then governs the legal effect and procedural requirements of laws passed under Articles 2 and 3.
Landmark Case Law on Article 4
1. Reorganization of States Case (State of Rajasthan v. Union of India, 1956)
The States Reorganisation Act, 1956 reorganized states on linguistic lines.
Parliament used Article 3 to alter boundaries and create new states, following procedures laid out in Article 4.
The Supreme Court upheld that Parliament has plenary power to reorganize states and this process does not amount to a constitutional amendment under Article 368 because of Article 4(2).
Significance:
Affirmed the constitutional validity of Article 4 as a special procedure for state reorganization laws.
2. S.R. Bommai v. Union of India (1994)
Though this case primarily dealt with federalism and President’s rule, it reaffirmed the power of Parliament under Article 3 (and hence Article 4) to reorganize states.
The Court recognized Parliament’s supreme authority to create new states or alter boundaries, subject to the procedure in Article 4.
3. Nagaland v. Union of India (1960)
In this case, the Supreme Court examined the scope of Article 3 and 4 related to creation of the state of Nagaland.
The Court reiterated that laws under Articles 2 and 3, governed by Article 4, do not require the rigid procedure of constitutional amendments.
Summary of Article 4
| Aspect | Details |
|---|---|
| Governs | Laws under Articles 2 and 3 |
| Purpose | To provide for changes in First & Fourth Schedules |
| Parliamentary Majority Required | Simple majority |
| Is it a constitutional amendment? | No, under Article 368 |
| Ensures | Smooth reorganization or admission of states |
| Key benefit | Flexible and speedy state reorganization process |
Why Article 4 matters in Indian federalism?
India’s federal structure allows for flexibility in state boundaries.
Article 4 ensures Parliament can adapt territorial units without procedural hurdles of constitutional amendments.
This has been critical for accommodating linguistic, ethnic, and administrative changes post-Independence.
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