The Constitution of India
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.
Why this exists
India's founders anticipated that the map of states might change often—through reorganization, new states, or boundary adjustments—especially given the linguistic and administrative reorganization debates of the time. Requiring the cumbersome Article 368 amendment procedure (special majorities, sometimes state ratification) for every boundary change or seat reallocation would have made routine administrative restructuring extremely difficult. Article 4 therefore creates a simpler, ordinary-law pathway so Parliament can efficiently update the Schedules whenever it exercises its powers under Articles 2 and 3.
How courts read it
In the Re Berubari Union case (1960), the Supreme Court examined the relationship between Articles 3, 4, and 368, clarifying that transferring Indian territory to another country required a constitutional amendment under Article 368, whereas internal adjustments of state boundaries under Article 3 (accompanied by Article 4) did not. Courts have generally treated Article 4 as confirming that boundary and representation changes flowing from Articles 2 and 3 are a special, simplified legislative process distinct from formal constitutional amendments.
Common misconceptions
- Myth: Any law that changes the Constitution's Schedules must go through the special amendment process under Article 368.
Fact: Article 4 specifically exempts laws made under Articles 2 and 3 (state reorganization laws) from being treated as constitutional amendments, even though they alter the First and Fourth Schedules. - Myth: Article 4 lets Parliament change any part of the Constitution without following Article 368.
Fact: The exemption is narrow—it applies only to changes in the First and Fourth Schedules and related incidental matters arising from Articles 2 and 3, not to other constitutional provisions.