Indian Constitution

Article 4 of the Indian Constitution – Supplementary Provisions for State Reorganization

Introduction

The territorial map of India has undergone numerous changes since the Constitution came into force in 1950. These changes – whether it is the creation of new states, alteration of boundaries, or renaming of states – are carried out through constitutional mechanisms provided in Articles 2, 3, and 4. While Article 2 deals with the admission of new states and Article 3 with formation and alteration of states, Article 4 plays a critical role in giving effect to these changes through supplementary, incidental, and consequential provisions.

What does Article 4 say?

Article 4 states:

“(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 and may also contain such supplemental, incidental and consequential provisions 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.”

Key Features of Article 4

1. Schedule Amendments:

o Article 4 ensures that whenever new states are formed or boundaries altered, corresponding changes are made to the First Schedule (which lists states and union territories) and the Fourth Schedule (which allocates Rajya Sabha seats).

2. Supplementary and Consequential Provisions:

o Parliament can make any necessary provisions related to administration, finance, representation, or transition when reorganizing states.

3. Not a Constitutional Amendment:

o Most importantly, laws under Articles 2 and 3, read with Article 4, are not treated as constitutional amendments under Article 368.

o They require only a simple majority in Parliament, not a special majority.

Why is Article 4 important?

Without Article 4, every small change in state boundaries or creation of a new state would require a formal constitutional amendment under Article 368. This would make the process rigid and time-consuming. Article 4 provides flexibility to Parliament by allowing:

Amendment of the First and Fourth Schedules without using the complex amendment procedure.
Smooth functioning of the Union despite frequent territorial changes.

Historical Application

Article 4 has been invoked every time India’s political map has changed:

1956: States Reorganisation Act amended the First Schedule for linguistic reorganization.
1960: Creation of Maharashtra and Gujarat from Bombay State.
1975: Admission of Sikkim as the 22nd state.
2000: Formation of Uttarakhand, Jharkhand, and Chhattisgarh.
2014: Creation of Telangana.

In each case, the First and Fourth Schedules were updated without treating it as a constitutional amendment.

Judicial Interpretation

The Supreme Court in several cases, including Mangal Singh vs Union of India (1966), held that Parliament has plenary powers to include supplemental and incidental provisions while reorganizing states. This includes laws related to:

Representation in Parliament
Jurisdiction of High Courts
Administrative arrangements

Criticism and Concerns

Too Much Power to Parliament: Critics argue that bypassing Article 368 reduces the role of states in such crucial decisions.
Undermines Federal Spirit: Since state consent is not mandatory under Article 3, and Article 4 makes it easier for Parliament to pass such laws, the Union’s dominance increases.

Current Relevance

With demands for new states like Gorkhaland, Vidarbha, Bundelkhand, and Harit Pradesh, Article 4 remains a key enabler of state reorganization. Any future law to create or alter states will rely on this provision to amend the Schedules swiftly and make consequential arrangements.

Conclusion

Article 4 ensures practical flexibility in India’s federal structure by simplifying the legal process for state reorganization. It avoids the rigidity of a formal amendment procedure while maintaining constitutional validity. However, as new demands for statehood emerge, the debate over balancing Parliamentary supremacy with federal fairness is likely to continue.

Fact Box:

Schedules involved: First (States & UTs), Fourth (Rajya Sabha seats)
Type of majority required: Simple majority
Not treated as constitutional amendment under Article 368

Here is a set of MCQs exclusively on Article 4 of the Indian Constitution with answers and explanations:

1. Article 4 of the Indian Constitution provides for:

(a) Admission of new states
(b) Formation of new states
(c) Supplementary, incidental, and consequential provisions for laws made under Articles 2 and 3
(d) Amendment of the Preamble

Answer: (c) Supplementary, incidental, and consequential provisions for laws made under Articles 2 and 3
Explanation: Article 4 ensures that laws under Articles 2 and 3 include necessary provisions for smooth implementation.

2. Which Schedules are mentioned in Article 4?
(a) First and Second
(b) First and Fourth
(c) Second and Third
(d) Third and Fifth

Answer: (b) First and Fourth
Explanation: The First Schedule lists states and union territories, and the Fourth Schedule allocates Rajya Sabha seats.

3. According to Article 4, a law made under Articles 2 or 3 shall:
(a) Be treated as a constitutional amendment under Article 368
(b) Require a two-thirds majority in Parliament
(c) Not be deemed an amendment of the Constitution under Article 368
(d) Require ratification by half of the states

Answer: (c) Not be deemed an amendment of the Constitution under Article 368
Explanation: Article 4 states that such laws are not considered constitutional amendments and need only a simple majority.

4. What kind of majority is required in Parliament to pass a law under Article 4?
(a) Special majority under Article 368
(b) Two-thirds majority of the total membership
(c) Simple majority
(d) Ratification by states

Answer: (c) Simple majority
Explanation: Since Article 4 says such laws are not constitutional amendments, only a simple majority is required.

5. Article 4 is related to:
(a) Fundamental Rights
(b) Distribution of powers between Union and States
(c) Laws giving effect to Articles 2 and 3
(d) Directive Principles of State Policy

Answer: (c) Laws giving effect to Articles 2 and 3
Explanation: Article 4 deals with supplementary provisions regarding admission and formation of states.

6. Which of the following statements is TRUE about Article 4?
(a) It requires a constitutional amendment to alter the First Schedule
(b) It requires state ratification for altering boundaries
(c) It empowers Parliament to make supplemental provisions while forming new states
(d) It restricts Parliament from making changes in the Fourth Schedule

Answer: (c) It empowers Parliament to make supplemental provisions while forming new states
Explanation: Article 4 gives Parliament full power to include supplementary, incidental, and consequential provisions.

7. Which of these is NOT mentioned in Article 4?
(a) Amendment of the First Schedule
(b) Amendment of the Fourth Schedule
(c) Fundamental Rights of citizens
(d) Supplemental, incidental provisions

Answer: (c) Fundamental Rights of citizens
Explanation: Article 4 is purely about territorial provisions, not fundamental rights.

8. Why was Article 4 inserted in the Constitution?
(a) To provide flexibility in reorganization without frequent constitutional amendments
(b) To restrict Parliament’s power in state formation
(c) To give states the power to veto reorganization
(d) To enforce President’s rule during state reorganization

Answer: (a) To provide flexibility in reorganization without frequent constitutional amendments
Explanation: Article 4 ensures changes in boundaries and schedules can be made without Article 368 procedure.

9. Which judicial case highlighted Parliament’s power under Article 4?
(a) Kesavananda Bharati case
(b) Mangal Singh vs Union of India
(c) Golaknath vs State of Punjab
(d) Berubari case

Answer: (b) Mangal Singh vs Union of India
Explanation: The Supreme Court in this case upheld Parliament’s plenary power to make supplemental provisions under Article 4.

10. Which of the following does NOT require Article 368 amendment procedure?
(a) Change in the name of a state
(b) Alteration of boundaries of a state
(c) Updating the First and Fourth Schedules after state reorganization
(d) Cession of territory to a foreign country

Answer: (c) Updating the First and Fourth Schedules after state reorganization
Explanation: Article 4 specifically says such changes do not amount to a constitutional amendment.