What is Article 338A of Indian Constitution – Defination & Meaning
Article 338A: National Commission for Scheduled Tribes (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the
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Article 4 of the Indian Constitution allows Parliament to create laws that can amend the First and Fourth Schedules. The First Schedule lists the states and union territories of India, while the Fourth Schedule contains the distribution of seats in the Rajya Sabha, the upper house of Parliament. When there is a need to reorganize states or change representation in Parliament, this article provides the framework for making those changes through legislation. This article primarily affects the structure of Indian governance by enabling timely adjustments to state boundaries or representation. For instance, if India decides to create a new state or change boundaries, Parliament must pass a law that amends the relevant schedules. The provisions of this article ensure that such laws can also include supplemental, incidental, and consequential provisions, which may address how new states are represented in legislatures and Parliament. Importantly, Article 4 clarifies that any law made under this article is not considered an amendment to the Constitution under Article 368. This means that these laws can be passed with a simple majority in Parliament, not requiring the special majority usually needed for constitutional amendments. This flexibility allows for quicker legislative responses to changing political and social dynamics within the country, helping maintain effective governance and representation for the people.
Article 4 was adopted in 1950 when the Constitution came into force, reflecting the need for a flexible legal framework. In the Constituent Assembly debates, members emphasized the importance of allowing Parliament to reorganize states efficiently to address the needs of a diverse nation. The article was designed to facilitate adjustments without lengthy amendment processes. Though it has not undergone formal amendments, the Supreme Court has interpreted its provisions in major cases like ‘Kesavananda Bharati v. State of Kerala’ (1973), reinforcing its legislative purpose and importance in maintaining the structure of governance.
Consider the following statements regarding Article 4 of the Indian Constitution: 1) It empowers Parliament to amend the First and Fourth Schedules, which outline state boundaries and representation in the Rajya Sabha. 2) Laws made under this article require a two-thirds majority in Parliament. 3) It allows adjustments in state boundaries and representation in legislatures. Which of the statements given above is/are correct? A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2, and 3
The correct answer is C. Article 4 enables Parliament to amend the First and Fourth Schedules, ensuring representation and state adjustments. Option 2 is incorrect because laws made under this article do not require a two-thirds majority; they can be passed with a simple majority in Parliament.
Article 4 allows Parliament to amend the First and Fourth Schedules of the Constitution. This facilitates adjustments in state boundaries and representation in a timely manner. For instance, when new states are formed, this article provides the necessary legal framework to ensure their representation in Parliament and state legislatures. It helps maintain an effective governance structure in a diverse nation.
For instance, if India decides to create a new state or change boundaries, Parliament must pass a law that amends the relevant schedules. The provisions of this article ensure that such laws can also include supplemental, incidental, and consequential provisions, which may address how new states are represented in legislatures and Parliament. Importantly, Article 4 clarifies that any law made under this article is not considered an amendment to the Constitution under Article 368.
Importantly, Article 4 clarifies that any law made under this article is not considered an amendment to the Constitution under Article 368. This means that these laws can be passed with a simple majority in Parliament, not requiring the special majority usually needed for constitutional amendments. This flexibility allows for quicker legislative responses to changing political and social dynamics within the country, helping maintain effective governance and representation for the people.
Article 338A: National Commission for Scheduled Tribes (1) There shall be a Commission for the Scheduled Tribes to be known as the National Commission for the
Article 338B: National Commission for Backward Classes (1) There shall be a Commission for the socially and educationally backward classes to be known as the
Article 337: Special provision with respect to educational grants for the benefit of Anglo-Indian community During the first three financial years after the
Article 338: National Commission for Scheduled Castes (1) There shall be a Commission for the Scheduled Castes to be known as the National Commission for the
Article 335: Claims of Scheduled Castes and Scheduled Tribes to services and posts The claims of the members of the Scheduled Castes and the Scheduled Tribes
Article 336: Special provision for Anglo-Indian community in certain services (1) During the first two years after the commencement of this Constitution,
Article 333: Representation of the Anglo-Indian community in the Legislative Assemblies of the States Notwithstanding anything in article 170, the Governor of
Article 334: Reservation of seats and special representation to cease after certain period Notwithstanding anything in the foregoing provisions of this Part,
Article 331: Representation of the Anglo-Indian Community in the House of the People Notwithstanding anything in article 81, the President may, if he is of
Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the Legislative Assemblies of the States (1) Seats shall be reserved for the
Article 329A: Special provision as to elections to Parliament in the case of Prime Minister and Speaker Omitted by the Constitution (Forty-fourth Amendment)
Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the House of the People (1) Seats shall be reserved in the House of the People
Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature Subject to the provisions of this Constitution
Article 329: Bar to interference by courts in electoral matters (a) the validity of any law relating to the delimitation of constituencies or the allotment of
Article 326: Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage The elections to the House
Article 327: Power of Parliament to make provision with respect to elections to Legislatures Subject to the provisions of this Constitution, Parliament may
Article 324: Superintendence, direction and control of elections to be vested in an Election Commission (1) The superintendence, direction and control of the
Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex
Article 323A: Administrative tribunals (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and
Explanation.—In this article, “appropriate Legislature”, in relation to any matter, means Parliament or, as the case may be, a State Legislature competent to
Article 322: Expenses of Public Service Commissions The expenses of the Union or a State Public Service Commission, including any salaries, allowances and
Article 323: Reports of Public Service Commissions (1) It shall be the duty of the Union Commission to present annually to the President a report as to the
Article 320: Functions of Public Service Commissions (1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations
Article 321: Power to extend functions of Public Service Commissions An Act made by Parliament or, as the case may be, the Legislature of a State may provide
Article 318: Power to make regulations as to conditions of service of members and staff of the Commission In the case of the Union Commission or a Joint
Article 319: Prohibition as to the holding of offices by members of Commission on ceasing to be such members On ceasing to hold office— (a) the Chairman of
Article 316: Appointment and term of office of members (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of
Article 317: Removal and suspension of a member of a Public Service Commission (1) Subject to the provisions of clause (3), the Chairman or any other member
Article 314: Provision for protection of existing officers of certain services Omitted by the Constitution (Twenty-eighth Amendment) Act, 1972, s. 3 (w.e.f.
Article 315: Public Service Commissions for the Union and for the States (1) Subject to the provisions of this article, there shall be a Public Service
Article 312A: Power of Parliament to vary or revoke conditions of service of officers of certain services (1) Parliament may by law— (a) vary or revoke,
Article 313: Transitional provisions Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the
Article 311: Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a State (1) No person who is a member of a
Article 312: All-India services (1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution
Article 309: Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the
Article 310: Tenure of office of persons serving the Union or a State (1) Except as expressly provided by this Constitution, every person who is a member of a
Article 307: Appointment of authority for carrying out the purposes of articles 301 to 304 Parliament may by law appoint such authority as it considers
Article 308: Interpretation In this Part, unless the context otherwise requires, the expression “State” does not include the State of Jammu and Kashmir.
Article 305: Saving of existing laws and laws providing for State monopolies Nothing in articles 301 and 303 shall affect the provisions of any existing law
Article 306: Power of certain States in Part B of the First Schedule to impose restrictions on trade and commerce Omitted by the Constitution (Seventh
Article 303: Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce (1) Notwithstanding anything in article
Article 304: Restrictions on trade, commerce and intercourse among States Notwithstanding anything in article 301 or article 303, the Legislature of a State
Article 301: Freedom of trade, commerce and intercourse. Subject to the other provisions of this Part, trade, commerce and intercourse throughout the
Article 302: Power of Parliament to Impose Restrictions on Trade, Commerce and Intercourse. Parliament may by law impose such restrictions on the freedom of
Article 300: Suits and proceedings (1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State may sue or
Article 300A: Persons not to be deprived of property save by authority of law No person shall be deprived of his property save by authority of law.
Article 298: Power to carry on trade, etc. The executive power of the Union and of each State shall extend to the carrying on of any trade or business and to
Article 299: Contracts (1) All contracts made in the exercise of the executive power of the Union or of a State shall be expressed to be made by the
Explanation.—In this article, the expressions “Ruler” and “Indian State” have the same meanings as inarticle 363.
Article 297: Things of value within territorial waters or continental shelf and resources of the exclusive economic zone to vest in the Union (1) All lands,