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

Article 4, Draft Constitution of India 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, Constitution of India 1950

(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.

Article 4 (Draft Article 4) was discussed on 18 November 1948. It regulated laws made under Articles 2 and 3.

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. Furthermore, the Government of India Act 1935 had also used this format.

This amendment was subsequently rejected by the Constituent Assembly, and it adopted the Article on 18 November 1948.