Introduction

The Indian Constitution is a comprehensive document that lays down the framework for governance in the country. It not only establishes the structure of the government but also defines the powers and responsibilities of various institutions and individuals. One such provision is Article 391, which grants the President the power to amend the First and Fourth Schedules of the Constitution in certain contingencies.

Understanding Article 391

Article 391 of the Indian Constitution was originally included to empower the President to make amendments to the First and Fourth Schedules under specific circumstances. However, this provision has been omitted, rendering it ineffective. Despite its omission, it is important to understand the intent and significance of this article.

The First Schedule

The First Schedule of the Indian Constitution lists the names of states and union territories, along with their territorial jurisdictions. It also specifies the number of seats allocated to each state and union territory in the Rajya Sabha, the upper house of the Parliament. Any changes to this schedule would impact the representation of states and union territories in the Rajya Sabha.

The Fourth Schedule

The Fourth Schedule of the Indian Constitution contains details about the allocation of seats in the Lok Sabha, the lower house of the Parliament, to the states and union territories. It specifies the number of seats to be reserved for Scheduled Castes and Scheduled Tribes in each state and union territory. Any amendments to this schedule would affect the political representation of marginalized communities.

The Power of the President

Article 391 granted the President the authority to amend the First and Fourth Schedules of the Constitution in certain contingencies. This power was vested in the President to address unforeseen circumstances or changing political dynamics that may require adjustments in the allocation of seats or territories.

However, the omission of Article 391 means that the President no longer has the explicit power to amend these schedules. Any changes to the First and Fourth Schedules now require a constitutional amendment, which involves a more extensive and time-consuming process.

Reasons for Omission

The omission of Article 391 can be attributed to the evolving nature of the Indian political landscape and the need for a more robust and transparent mechanism for amending the Constitution. The amendment process now requires the support of both houses of Parliament, as well as the ratification by at least half of the state legislatures.

This change ensures that any amendments to the First and Fourth Schedules are thoroughly debated and scrutinized, preventing any arbitrary or hasty modifications. It also upholds the principles of federalism by involving the states in the amendment process, as they are directly affected by changes to these schedules.

The Amendment Process

As mentioned earlier, the omission of Article 391 means that any amendments to the First and Fourth Schedules now require a constitutional amendment. The process for amending the Constitution is outlined in Article 368.

According to Article 368, a constitutional amendment can be initiated by either house of Parliament. The amendment bill must be passed by a special majority, which requires the support of at least two-thirds of the members present and voting, as well as the majority of the total membership of that house.

Once the amendment bill is passed by one house, it is sent to the other house for consideration. If both houses agree on the amendment, it is then sent to the President for assent. The President's assent is required for the amendment to become law.

Conclusion

Article 391 of the Indian Constitution, which granted the President the power to amend the First and Fourth Schedules, has been omitted. This omission has strengthened the amendment process and ensures a more comprehensive and inclusive approach to any changes in the allocation of seats or territories.

The amendment process now requires the support of both houses of Parliament and the ratification by at least half of the state legislatures. This ensures that any amendments are thoroughly debated and scrutinized, preventing any arbitrary modifications. It also upholds the principles of federalism by involving the states in the amendment process.

While Article 391 may no longer be in effect, its historical significance and the reasons for its omission provide valuable insights into the evolution of the Indian Constitution and the mechanisms for amending it.