Article 371f of the Indian Constitution: Special provisions with respect to the State of Sikkim | Kanoon.site
Kanoon.site ≐ Blog
« Article 371C Article 371G »

Article 371f of the Indian Constitution: Special provisions with respect to the State of Sikkim

Part: XXI
Shorthand Notes: Sikkim - LA min 30, seat reservation, rights, Governor discretionary power, land laws protection, treaty honour

Article 371f of the Indian Constitution contains special provisions tailored for the State of Sikkim. These provisions were incorporated into the Constitution following Sikkim’s merger with India in 1975 through the 36th Amendment Act. The Article aims to preserve the unique identity, rights, and socio-economic interests of the people of Sikkim, while integrating the state into the Indian Union.

The special status granted under Article 371f acknowledges the historical context of Sikkim’s accession and provides a framework for its governance that balances integration with the protection of existing arrangements, traditions, and the rights of the indigenous population.

Original Text

371f. Special provisions with respect to the State of Sikkim.—Notwithstanding anything in this Constitution,—

(a) the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;

(b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)—

(i) the Assembly for Sikkim formed as a result of the elections held in April, 1974, with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution; (ii) the period which commenced on the appointed day and ends when the Legislative Assembly of the State of Sikkim first meets after elections held under this Constitution shall, for the purposes of sub-clause (a) of clause (1) of article 172, be deemed to be five years;

(c) in the seats in the Legislative Assembly of the State of Sikkim, seats shall be reserved for the different sections of the population of Sikkim;

(d) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any enactment which is in force in a State in India at the date of the notification;

(e) the Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of all sections of the population of Sikkim and in the discharge of his functions in relation thereto, the Governor shall, subject to such directions as the President may from time to time issue, act in his discretion;

(f) all property and assets which were immediately before the appointed day vested in the Government of Sikkim or in any other authority or person in Sikkim shall, as from the appointed day, vest in the Government of the State of Sikkim;

(g) the High Court functioning immediately before the appointed day in the State of Sikkim shall be deemed to be the High Court for the State of Sikkim constituted under this Constitution;

(h) all courts of civil, criminal and revenue jurisdiction, all authorities and all officers, judicial, executive and ministerial, throughout the territory of Sikkim shall continue subject to the provisions of this Constitution;

(i) all laws in force immediately before the appointed day in Sikkim or any part thereof shall continue to be in force therein until altered or repealed or amended by a competent Legislature or other competent authority;

(j) for the purpose of enabling a body corresponding to the Legislative Assembly of Sikkim, functioning immediately before the appointed day, to function as the Legislative Assembly of the State of Sikkim under this Constitution, the provisions of article 170 shall apply in relation to the State of Sikkim, subject to the modifications that the reference to “sixty” in the proviso to clause (1) of that article shall be construed as a reference to “thirty”;

(k) all things done and all actions taken in Sikkim before the appointed day by the Government of Sikkim or in pursuance of any law in force in Sikkim shall be deemed to have been validly done or taken under this Constitution;

(l) the High Court for the State of Sikkim shall exercise, in relation to such areas in the State of Sikkim as the High Court at Guwahati has jurisdiction in relation to the corresponding areas in the State of Assam, all such powers, authority and jurisdiction as are exercisable by the High Court at Guwahati;

(m) the President may, by public notification, direct that the Governor of Sikkim shall have such special responsibility as he may specify in respect of such matters as he may specify, and in the discharge of his functions in relation thereto, the Governor shall, subject to such directions as the President may from time to time issue, act in his discretion;

(n) the provisions of this article shall be in addition to, and not in derogation of, any other provision of this Constitution.

Detailed Explanation

Article 371f provides a set of special provisions exclusively for the State of Sikkim, recognizing its unique historical path to becoming an integral part of India. Each clause addresses a specific aspect of Sikkim’s integration and governance:

  • Clause (a): Minimum Assembly Size: It mandates that the Legislative Assembly of Sikkim must consist of at least thirty members, which is a lower minimum than the standard sixty members prescribed for states under Article 170, considering Sikkim’s population size.
  • Clause (b): Transitional Provisions for Assembly: This clause legitimizes the Assembly formed by the elections in April 1974 (before Sikkim officially became a state of India) as the Legislative Assembly of the new State of Sikkim. It also deems the period from the appointed day (April 26, 1975) until the first election under the Indian Constitution as a five-year term for the purpose of Article 172 (duration of state legislatures).
  • Clause (c): Reservation of Seats: This is a significant provision allowing for the reservation of seats in the Legislative Assembly for different sections of Sikkim’s population. This primarily concerns the indigenous Bhutia-Lepcha population and has been a subject of legal and political discussion regarding its implementation and criteria.
  • Clause (d): Extension of Central Laws: It empowers the President to extend any law already in force in other states of India to Sikkim, with necessary restrictions or modifications, facilitating the integration of Sikkim’s legal framework with the rest of the country.
  • Clause (e): Governor’s Special Responsibility: This clause places a special responsibility on the Governor of Sikkim for ensuring peace and equitable socio-economic development across all sections of the population. In discharging this responsibility, the Governor has the power to act in his discretion, subject to directives from the President. This is similar to special responsibilities given to Governors in some other states under Article 371, but specific to peace and equitable advancement in Sikkim.
  • Clause (f): Vesting of Assets: It ensures a smooth transition of ownership by vesting all property and assets that belonged to the Government of Sikkim or other authorities before the appointed day in the new Government of the State of Sikkim.
  • Clause (g): Continuity of High Court: The High Court functioning in Sikkim immediately before the appointed day is deemed to be the High Court for the State of Sikkim under the Indian Constitution, ensuring judicial continuity.
  • Clause (h): Continuity of Courts and Authorities: All existing courts (civil, criminal, revenue), authorities, and officers in Sikkim continue to function under the provisions of the Indian Constitution.
  • Clause (i): Continuity of Existing Laws: All laws in force in Sikkim before the appointed day continue to be valid unless they are altered, repealed, or amended by a competent legislature or authority, ensuring legal stability during the transition.
  • Clause (j): Application of Article 170: It applies Article 170 (composition of Legislative Assemblies) to Sikkim, but with a crucial modification: the minimum number of members is set to thirty instead of sixty, aligning with clause (a).
  • Clause (k): Validation of Past Actions: All actions taken by the previous Government of Sikkim or under its laws before the appointed day are deemed to have been validly done under the Indian Constitution, preventing legal challenges to past governance.
  • Clause (l): High Court Jurisdiction: This clause defines the territorial jurisdiction of the Sikkim High Court, equating it to the jurisdiction exercised by the Guwahati High Court in relation to corresponding areas in Assam (at the time, Guwahati High Court had jurisdiction over several North-Eastern states).
  • Clause (m): Additional Special Responsibility for Governor: This clause appears redundant or similar to clause (e), allowing the President to entrust the Governor with specific special responsibilities and enabling the Governor to act in discretion in discharging them, subject to Presidential directives. This could potentially allow for additional, specific responsibilities beyond the general ones mentioned in (e).
  • Clause (n): Non-Derogation: It clarifies that the provisions of Article 371f are in addition to and do not detract from any other provisions of the Constitution, meaning other constitutional principles apply to Sikkim unless specifically modified by this Article.

Detailed Notes

  • Article 371f contains special provisions exclusively for the state of Sikkim, added by the Constitution (Thirty-sixth Amendment) Act, 1975.
  • Clause (a): Mandates a minimum of 30 members in the Sikkim Legislative Assembly.
  • Clause (b):
    • Deems the pre-merger 1974 Assembly as the duly constituted Legislative Assembly.
    • Treats the transitional period until the first election under the Indian Constitution as a five-year term for the Assembly.
  • Clause (c): Provides for the reservation of seats in the Legislative Assembly for different sections of the population of Sikkim (primarily targeting the indigenous Bhutia-Lepcha community and later extended to Limbu and Tamang communities).
  • Clause (d): Allows the President to extend central laws to Sikkim with necessary modifications.
  • Clause (e): Imposes a special responsibility on the Governor for maintaining peace and ensuring equitable socio-economic advancement for all sections. The Governor can exercise discretionary powers in this regard, subject to the President’s directions.
  • Clause (f): Vests all property and assets of the former Government of Sikkim in the new State Government.
  • Clause (g): Recognizes the existing High Court in Sikkim as the High Court under the Constitution.
  • Clause (h): Ensures the continuity of all existing courts, authorities, and officers.
  • Clause (i): Continues the application of all existing laws in Sikkim until they are altered, repealed, or amended.
  • Clause (j): Applies Article 170 (composition of State Legislatures) to Sikkim, but modifies the minimum strength requirement from sixty to thirty members.
  • Clause (k): Validates all actions taken by the previous Government of Sikkim or under its laws before the merger date.
  • Clause (l): Defines the jurisdiction of the Sikkim High Court.
  • Clause (m): Allows the President to assign additional specific special responsibilities to the Governor, with discretionary power.
  • Clause (n): States that these special provisions are supplementary and do not override other parts of the Constitution unless explicitly stated within the Article.

Additional Comments

  • Article 371f is unique as it was introduced following the complete merger of a protectorate state into the Indian Union, unlike other states with special provisions which were already part of India or formed from within.
  • The special provisions reflect the terms agreed upon during Sikkim’s transition from a protectorate under India to an associate state (via the 35th Amendment, 1974) and then to a full-fledged state of the Union (via the 36th Amendment, 1975).
  • The reservation of seats under clause (c) is particularly notable and has been designed to protect the rights and identity of ethnic minorities, ensuring their representation in the state legislature. Originally, seats were reserved for Bhutia-Lepchas; later, a separate reservation was added for Sangha (monks). The reservation of seats for Bhutia-Lepchas has been upheld by the Supreme Court.
  • The Governor’s special responsibility and discretionary power under clause (e) are intended to safeguard the interests of the diverse population and ensure stable governance in the sensitive border state.
  • Clause (i) on the continuity of laws is significant as it includes laws related to land ownership and transfer, which often have unique customary aspects in Sikkim, protecting them from immediate change unless specifically amended.
  • The provisions collectively aim at facilitating the smooth integration of Sikkim into India while preserving its distinct historical, social, and legal framework.

Summary

Article 371f of the Indian Constitution provides special provisions for the state of Sikkim, enacted after its merger with India in 1975. It mandates a minimum size of the Legislative Assembly, validates the pre-merger Assembly, and allows for seat reservation for different sections of the population. The Article empowers the President to extend central laws with modifications and assigns the Governor special responsibility for peace and equitable development, granting discretionary power. It ensures the continuity of Sikkim’s High Court, existing courts, authorities, and laws, and vests the assets of the former government in the new state government. The provisions also validate past actions and define the High Court’s jurisdiction, aiming to integrate Sikkim while protecting its unique rights and identity.
« Article 371C Article 371G »