Answer By law4u team
Constitution Of India Article 4: Laws Made Under Articles 2 and 3 to Provide for Amendment of the First and the Fourth Schedules and Supplemental, Incidental and Consequential Matters
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.
Brief Detail
Article 4 of the Constitution of India states that any law made under Articles 2 and 3 must include provisions for amending the First and Fourth Schedules as required. These laws may also have supplemental, incidental, and consequential provisions, such as changes in representation in Parliament and State Legislatures. However, such laws are not considered constitutional amendments under Article 368.
Question & Answers
Q1: What must laws under Articles 2 and 3 include?
A1: They must include provisions to amend the First and Fourth Schedules as necessary, along with supplemental, incidental, and consequential provisions.
Q2: Are these laws considered constitutional amendments under Article 368?
A2: No, they are not deemed constitutional amendments under Article 368.
Q3: What additional provisions can be included in laws made under Articles 2 and 3?
A3: They can include provisions regarding representation in Parliament and State Legislatures affected by such laws.
Example
Example 1: When a new State is formed under Article 3, the law creating the State may amend the First Schedule to reflect the new State's boundaries and the Fourth Schedule for changes in Rajya Sabha representation.
Example 2: If an area of a State is merged into another State, the law may include supplemental provisions for parliamentary representation adjustments.
Summary
Article 4 ensures that laws made under Articles 2 and 3 include necessary amendments to the First and Fourth Schedules, along with supplemental provisions. These laws, however, are not considered constitutional amendments under Article 368.
