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Nation's Guiding Document

Article Overview

Article 4 Explained
Simplifying State Reorganization An in-depth analysis of Article 4, which specifies that laws related to the admission, formation, or boundary alterations of states under Articles 2 and 3 do not qualify as constitutional amendments.

PART I (THE UNION AND ITS TERRITORY)

Constitution of India, ARTICLE 4

Constitution of India

PART I

The Union and Its Territory


Article 4 - Laws made under articles 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.

(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.


Explanation/Comment -

Article 4 of the Constitution of India, declares that laws made for admission or establishment of new state (under Article 2) and formation and alteration of areas, boundaries and name of existing states (under Article 3) are not to be considered as amendment of the Constitution under Article 368.

Any law referred to in Article 2 or Article 3 must include the amendments to the First Schedule and the Fourth Schedule that may be required to give effect to the law's provisions. In addition, the law may also include any additional, incidental, or consequential provisions that Parliament deems necessary, such as those relating to representation in Parliament and in the legislature or legislatures of the State or States affected by the law. None of the aforementioned laws shall be construed to be amendments to this Constitution for the purposes of article 368.

Such law can be passed by ordinary legislative process and by a simple majority.



Official updated version of Constitution of India - https://legislative.gov.in/constitution-of-india/


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