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
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part I, Article 4
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1. In One Sentence
Clarifies that laws creating new states or redrawing boundaries are passed by an ordinary parliamentary majority and do not require a constitutional amendment under Article 368.
2. What It Means in Everyday Language
When Parliament creates a new state or changes state boundaries under Article 2 or Article 3, corresponding administrative updates must take place: the First Schedule (which lists all States and Union Territories) and the Fourth Schedule (which allocates seats in the Rajya Sabha) must be modified.
Article 4 authorizes Parliament to make these updates automatically as part of the state reorganization law, along with incidental matters such as setting up High Courts, distributing assets and debts, and establishing state legislative seats.
Crucially, Article 4(2) declares that such a reorganization law "shall not be deemed to be an amendment of this Constitution for the purposes of article 368". This means state reorganization laws can be passed by a simple majority present and voting in Parliament, avoiding the complex two-thirds majority and state ratification hurdles of formal constitutional amendments.
3. Practical Illustrative Example
When the state of Uttarakhand was created from Uttar Pradesh in 2000, seats in the Rajya Sabha and Lok Sabha had to be apportioned between the two states.
4. Important Limits, Qualifications & Exceptions
Ensures seamless administrative adjustments when states are admitted or reorganized without invoking Article 368.
- Automatic schedule adjustments: Mandates updating the First Schedule (territory list) and Fourth Schedule (Rajya Sabha representation).
- Simple legislative majority: Reorganization laws require only a simple majority in both Houses of Parliament.
- Covers incidental matters: Permits Parliament to provide for representation, division of assets, High Court jurisdiction, and civil services.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Ministry of Law and Justice, Government of India (Legislative Department, Ministry of Law and Justice) • Part I, Article 4 • Human source-link check pending
Official consolidated text of the Constitution published by the Legislative Department, Ministry of Law and Justice.
- •Lok Sabha Secretariat (Parliament of India / Lok Sabha Secretariat) • Volume VII, 18 November 1948 • Human source-link check pending
Official verbatim record of Constituent Assembly proceedings published by the Lok Sabha Secretariat.
