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on the date on which the Bill for this Act (introduced in the
House of the People as the Constitution (Thirty-eighth Amendment)
Bill, 1975), as passed by the House of the People, is passed by
the Council of States.
2. In the First Schedule to the Constitution, under the heading
"I, The STATES" after entry 21, the following entry
shall be inserted namely: "22. Sikkim- The territories which
immediately before the commencement of the Constitution
(Thirty-eighth amendment) Act, 1975 were comprised in
Sikkim".
3. After article 371£ of the Constitution, the following
article shall be inserted, namely:
371E 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- eighth 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 Sikkim in April 1974 with thirty-two members elected in
the said elections (herein-after 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 sitting members shall be deemed to be the members of the
Legislative Assembly of the State of Sikkim duly elected under
this Constitution; and
(iii) The said Legislative Assembly of the State of Sikkim shall
exercise the powers and perform the functions of the Legislative
Assembly of a State under this Constitution.
(c) The period of five years referred to in clause (1) of
article 172 shall, in the case of the Legislative Assembly of the
State of Sikkim referred to in clause (b ), be deemed to have
commenced on the appointed day;
(d) Until other provisions are made by Parliament by law, there
shall be allotted to the State of Sikkim one seat in the House of
the People and the State of Sikkim shall form one Parliamentary
constituency to be called the Parliamentary constituency for
Sikkim;
(e) The representative of the State of Sikkim in the House of
the People in existence on the appointed day shall be elected by
the members of the Legislative Assembly of the State of Sikkim;
(f) Parliament may, for the purpose of protecting the rights
and interests of the different sections of the population of
Sikkim make provision for the members of seat in this Legislative
Assembly of the State of Sikkim which may be filled by candidates
belonging to such sections and for the delimitation of the
Assembly constituencies from which candidates belonging to such
sections alone may stand l for election to the Legislative
Assembly of the State of Sikkim;
(g) The Governor of Sikkim shall have special responsibility
for peace and for an equitable arrangement for ensuring the social
and economic advancement of different sections of the population
of Sikkim and in the discharge of his special responsibility under
this clause, the Governor of Sikkim shall~ subject to such
directions as the President may, from time to time, deem fit to
issue, act in his discretion;
(h) All property and assets (whether within or outside the
territories comprised in the State of Sikkim) which immediately
before the appointed day were vested in the Government of Sikkim
or in any other authority or in any person for the purpose of the
Government -of Sikkim shall, as from the appointed day, vest in
the Government of State of Sikkim;
(i) The High Court functioning as such immediately before the
appointed day in the territories comprised in the State of Sikkim,
shall, on and from the appointed day, be deemed to be the High
Court for the State of Sikkim;
(j) All courts of civil, criminal and revenue jurisdiction, all
authorities and all officers, judicial, executive and ministerial
throughout the territory of the State of Sikkim shall continue on
and from the appointed day to exercise their respective functions
subject to the provisions of the constitution;
(k) All laws in force immediately before the appointed day in
the territories comprised in the State of Sikkim or any part
thereof shall continue to be in force therein until amended or
repealed by a competent Legislature or other competent authority
(l) For the purpose of facilitating the application of any such
law as is referred to in clause (k) in relation to the
administration of the State of Sikkim and for the purpose of
bringing the provision of any such law in accord with the
provisions of this Constitution, the President may, within two
years from the appointed day, by order make such adaptations and
modifications of the law, whether by way of repeal or amendment,
as may be necessary or expedient and thereupon, every such law
shall have effect subject to the adaptations and modifications so
made, and any such adaptation or modification shall not be
questioned in any court of law;
(m) Neither the Supreme Court nor any other court shall have
jurisdiction in respect of any dispute or other matter arising out
of any treaty , agreement, engagement or other similar instrument
relating to Sikkim which was entered into or executed before the
appointed day and to which the Government of India or any of its
predecessor Government was a party , but nothing in this clause
shall be construed to derogate from the provisions of Article 143;
(n) 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.
(o) If any difficulty arises in giving effect to any of the
foregoing provisions of this article, the President may, by order,
do anything (including any adaptation or modification of any other
article) which appears to him to be necessary for the purpose of
removing that difficulty;
Provided that no such order shall be made after the expiry of
two years from the appointed day;
(p) All things done and all action taken in or in relation to
the State of Sikkim or the territories comprised therein during
the period commencing on the appointed day and ending immediately
before the date on which the Constitution (Thirty-eighth
Amendment) Act, 1975, receives the assent of the President shall,
in so far as they are in conformity with the provisions of this
Constitution as amended by the Constitution (Thirty-eighth)
Amendment Act 1975, be deemed for all purposes to have been
validly done or taken under this Constitution as so amended "
.
4. In the Fourth Schedule to the Constitution in the Table:
(a) After entry 21, the following entry shall be entered namely:
"22. Sikkim".
(b ) Existing entries 22 to 25 shall be renumbered as entries 23
to 26 respectively;
(c) For the figures "231"' the figures "232"
shall be substituted.
5. The following consequential amendments shall be made in the
Constitution, namely:
(a) Article 2A shall be omitted;
(b) In article 80, in clause(l), the words and figure
"Subject to the provisions of paragraph 4 of the Tenth
Schedule," shall be omitted;
(c) In article 81, in clause (1), the words and figure " and
paragraph 4 of the Tenth Schedule" shall be omitted;
(d) The Tenth Schedule shall be omitted.
Statement of Objects and Reasons
The Sikkim Assembly unanimously adopted a resolution on the 10th
April 1975 which, inter alia, noted the President harmful
activities of the Chogyal which were aimed at undermining the
responsible democratic government set up under the provisions of
the May 8 Agreement of 1973 and the Government of Sikkim Act,
1974. The Resolution declared that the Assembly had satisfied
itself that these activities of the Chogyal not only violated the
objects of the Agreement of May 8,1973, but also ran counter to
the wishes of the people of Sikkim and impede their democratic
development and participation in the political and economic life
of India. Accordingly the Assembly solemnly declared and resolved
that "the institution of the Chogyal is hereby abolished and
Sikkim shall henceforth be a constituent unit of India, enjoying a
democratic and fully responsible Government.
2. The Assembly also resolved that this Resolution be submitted
to the people of Sikkim forthwith for their approval. A special
opinion poll conducted by the Government of Sikkim on the 14th
April 1975 resulted in a total of 59,637 votes in favour and 1,496
votes against the Resolution out of a total electorate of
approximately 97,000.
3. The result of this poll was communicated to the Government
of India by the Chief Minister of Sikkim on 15th of
April, 1975. The Chief Minister on behalf of the Council of
Ministers strongly requested the Government of India to make
immediate response and accept the above decision, taking, as has
been requested in the Assembly Resolution of the l0th
Apri11975, such measures as may be necessary and appropriate to
implement the decision as early as possible.
4. The Chief Minister and other Ministers of Sikkim also
visited New Delhi on the 16th, 17th April
1975 and urged the Government of India to take immediate action in
this behalf.
5. Accordingly, it is proposed to include Sikkim as a
full-fledged State in the First Schedule to the Constitution and
to allot to Sikkim one seat in the Council of States and one seat
in the House of People. It is also proposed to insert a new
article containing the provisions considered necessary to meet the
special circumstances and needs of Sikkim.
6. The bill seeks to achieve the above objects.
NEW DELHI
Y.B.CHAVAN
19th April, 1975.
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