Article 4 of the Indian Constitution:

Article 4 of the Indian Constitution tells us about 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.

According to Article 4:

• 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.
• No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Article 4 of the Indian Constitution explained:

On November 18, 1948, Article 4 (Draft Article 4) was considered. It monitored laws made under Articles 2 and 3.

History of Article 4 of the Indian Constitution:

This Draft Article received no serious discussion. In the interest of clarity, one member proposed replacing ‘article 2 and article 3′ with ‘article 2 and 3′. This was opposed by the Chairman of the Drafting Committee. He pointed out that the Drafting Committee followed a well-established international precedent. This structure was also used in the Government of India Act of 1935. The Assembly rejected this amendment.

On November 18, 1948, the Constituent Assembly passed the Article without changes.

Important points on Article 4 of the Indian Constitution:

• Article 4 declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries, or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
• This means that such laws can be passed by a simple majority and by the ordinary legislative process.
• Article 4 declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas, boundaries, or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
• This means that such laws can be passed by a simple majority and by the ordinary legislative process.
• Does the power of Parliament to diminish the areas of a state(under Article 3) include also the power to cede Indian territory to a foreign country?
• This question came up for examination before the Supreme Court in a reference made by the President in 1960.
• The decision of the Central Government to cede part of a territory known as Berubari Union (West Bengal) to Pakistan led to political agitation and controversy and thereby necessitated the presidential reference.
• The Supreme Court held that the power of parliament to diminish the area of a state (under Article 3) does not cover the cession of Indian territory to a foreign country.
• Hence, Indian territory can be ceded to a foreign state only by amending the Constitution under Article 368.
• Consequently, the 9thConstitutional Amendment Act (1960) was enacted to transfer the said territory to Pakistan
• On the other hand, the Supreme Court in 1969 ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment.
• It can be done by executive action as it does not involve the cession of Indian territory to a foreign country