Introduction

The Indian Constitution, adopted on November 26, 1949, is the supreme law of the land. It provides the framework for the governance of India and outlines the rights and responsibilities of its citizens. Article 4 of the Indian Constitution deals with the amendment of the First and Fourth Schedules, as well as supplemental, incidental, and consequential matters. In this article, we will delve into the details of Article 4 and understand its significance in the Indian legal system.

Understanding Article 4

Article 4 of the Indian Constitution empowers the Parliament to make laws for the amendment of the First and Fourth Schedules. The First Schedule contains the names of the states and union territories of India, along with their territories. On the other hand, the Fourth Schedule lists the allocation of seats in the Rajya Sabha, the upper house of the Parliament, to the states and union territories.

The amendment of the First and Fourth Schedules is necessary to accommodate changes in the political and administrative boundaries of the country. These changes may arise due to the creation of new states, the merger of existing states, or any other territorial reorganization. Article 4 ensures that the Constitution remains updated and adaptable to the evolving needs of the nation.

Amendment of the First Schedule

The First Schedule of the Indian Constitution can be amended by a law passed by the Parliament. Such a law requires a simple majority in both houses of Parliament, i.e., the Lok Sabha and the Rajya Sabha. The President's assent is also necessary for the amendment to become effective.

The amendment of the First Schedule typically occurs when new states or union territories are created or when the boundaries of existing states are altered. For example, when the state of Telangana was carved out of Andhra Pradesh in 2014, it resulted in an amendment to the First Schedule.

It is important to note that the amendment of the First Schedule does not affect the representation of the states in the Parliament. The allocation of seats in the Lok Sabha, the lower house of the Parliament, is determined by the Delimitation Commission, which is constituted by the President under Article 82 of the Constitution.

Amendment of the Fourth Schedule

The Fourth Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha. The Rajya Sabha represents the interests of the states and union territories, and its members are elected by the members of the state legislative assemblies. The allocation of seats in the Rajya Sabha is based on the population and other factors.

Similar to the amendment of the First Schedule, the amendment of the Fourth Schedule requires a law passed by the Parliament. The law must be supported by a simple majority in both houses of Parliament and receive the President's assent.

The amendment of the Fourth Schedule is necessary when there are changes in the number of seats allocated to the states and union territories in the Rajya Sabha. This can occur due to the creation of new states or union territories or changes in the population of the existing ones.

Supplemental, Incidental, and Consequential Matters

In addition to the amendment of the First and Fourth Schedules, Article 4 of the Indian Constitution also empowers the Parliament to make laws for supplemental, incidental, and consequential matters. These matters are related to the amendments made under Articles 2 and 3.

Article 2 of the Indian Constitution deals with the admission or establishment of new states, while Article 3 deals with the formation of new states and alteration of areas, boundaries, or names of existing states. The laws made under Articles 2 and 3 may have certain supplemental, incidental, or consequential implications, which need to be addressed through additional legislation.

For example, when the state of Jammu and Kashmir was reorganized into two separate union territories, Jammu and Kashmir and Ladakh, in 2019, it required supplemental legislation to deal with various administrative and legal matters.

Conclusion

Article 4 of the Indian Constitution plays a crucial role in ensuring the adaptability and flexibility of the Constitution. It empowers the Parliament to make laws for the amendment of the First and Fourth Schedules, as well as supplemental, incidental, and consequential matters. By allowing for the modification of the political and administrative boundaries of the country, Article 4 ensures that the Constitution remains relevant and responsive to the changing needs of the nation.

Through the amendment of the First and Fourth Schedules, the Constitution accommodates changes in the states and union territories and their representation in the Rajya Sabha. Additionally, the provision for supplemental, incidental, and consequential matters ensures that the legal framework surrounding the creation or alteration of states is comprehensive and effective.

Article 4 serves as an important tool for the Indian government to maintain the integrity and functionality of the Constitution. By allowing for necessary amendments and supplemental legislation, it upholds the spirit of democracy and ensures that the Constitution remains a living document, capable of adapting to the evolving needs of the nation.