Friday, 4 September 2020

Constitution of India Day 4



As we read on Day 3, the exercise of Article 2 adds up the areas and boundaries of the Union of India while the exercise of Articles 3 alters the areas, boundaries and names of existing states along with the formation of new ones.

It is clear that due to these changes the First Schedule, which specifies the details of the States and Union territories, needs to be modified. Asides, as a result of any incidence of such alteration, the population size of the concerned state or union territory shall also get modified. Consequently, bringing a change in the number of seats in the Parliament (both the houses) as well as the legislative assemblies of such states and union territories. In addition to this, as the 'Fourth Schedule' is ‘allocation of seats in the Council of States' (Rajya Sabha), it also needs to be modified in such situations. Moreover, any supplemental, incidental and consequential matters, related to this which require modification due to exercise of Article 2 and 3, should also be amended. All these provisions are given in Article 4 :

 

Article 4 : Law made under article 2 and 3 to provide for the amendment of the First and the Fourth Schedules and supplemental, incidental and consequential matters.


It is important to note here that any amendment in this Part is done through a simple majority i.e. by a majority of members present and voting in the house. It is not considered as an amendment through the exercise of Article 368 which requires a special majority which we shall read in the coming days.


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PS: The above texts are ‘not the exact texts’ copied from the Constitution of India.They have been modified in simple language for the ease of understanding. Due consideration has been given to ensure that ‘the spirit and the meaning’, as contained in the Constitution, remains the same. Please refer to the Constitution of India for the original texts. Please feel free to point out any discrepancy that comes across you. We shall be happy to modify the same.

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