Article 371 (f)
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 Sikkim 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 sitting members shall be deemed to 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) in the case of the Assembly deemed to be the Legislative Assembly
of the State of Sikkim under clause (b), the references to the period
of five years in clause (1) of article 172 shall be construed as
references to a period of four years and the said period of four years
shall be deemed to commence from 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 number of seats in the 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 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 purposes of the Government of
Sikkim shall, as from the appointed day, vest in the Government of the
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 this 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 provisions of any
such law into 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
Governments 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 actions 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 dateon which the Constitution (Thirty-sixth 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-sixth Amendment) Act, 1975, be deemed for all purposes to have been validly done or taken under this Constitution as so amended.”.
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