## CONSTITUTION 371F

### CONSTITUTION 371F — Special provisions with respect to the State of Sikkim
- https://unisonlegal.in/statutes/constitution/371F

> 1[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 (Thirtysixth 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 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;

1. Art 371F ins. by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 3
(w.e.f. 26-4-1975).
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(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
1[five years], in clause (1) of article 172 shall be construed as references
to a period of 2[four years] and the said period of 2[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;

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 56, for "five years"
(w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act,
1978, s. 43, for "six years" (w.e.f. 6-9-1979).
2. Subs. by s. 56, ibid., for "four years" (w.e.f. 3-1-1977) and further subs. by s. 43, ibid.,
for "five years", respectively (w.e.f. 6-9-1979).
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(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:

 See the Constitution (Removal of Difficulties) Order No. XI (C.O. 99).
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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 date on 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.]