(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.

Debate Summary

Article 4, Draft Constitution, 1948

(1) Any law referred to in article 2 or article 3 of this Constitution shall contain such provisions for the amendment of the First Schedule as may be necessary to give effect to the provisions of the law and may also contain such incidental and -consequential provisions 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 304.

 

Article 4 (Draft Article 4) was discussed on 18 November 1948. It regulated laws made under Articles 2 and 3. It stated that these laws must provide for the amendment of First Schedule (list of States and Union Territories) and Fourth Schedule (Rajya Sabha seat allocation).

 

There was no substantive debate on this Draft Article. One member, in the interest of brevity, sought to substitute ‘article 2 and article 3’ with ‘article 2 and 3’. The Chairman of the Drafting Committee opposed this. He noted that the Drafting Committee followed a common foreign precedent. Further, even the Government of India Act, 1935 used this format.

 

The Constituent Assembly adopted the article without amendments on 18 November 1948.