THE CONSTITUTION (THIRTY-SIXTH AMENDMENT) ACT, 1975

THE CONSTITUTION (THIRTY-SIXTH AMENDMENT) ACT, 1975

Statement of Objects and Reasons appended to the Constitution
(Thirty-eighth Amendment) Bill, 1975 which was enacted as
the Constitution (Thirty-sixth Amendment) Act, 1975

STATEMENT OF OBJECTS AND REASONS

The Sikkim Assembly unanimously adopted a resolution on the 10th
April, 1975 which, inter alia, noted the persistent 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 objectives of the
Agreement of May 8, 1973, but also ran counter to the wishes of the
people of Sikkim and impeded 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 the 15th April, 1975. The
Chief Minister on behalf of the Council of Ministers strongly
requested the Government of India to make an immediate response and
accept the above decision, taking, as has been requested in the
Assembly Resolution of the 10th April, 1975, 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 the
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.

The 19th April, 1975.

THE CONSTITUTION (THIRTY-SIXTH AMENDMENT) ACT, 1975

[16th May, 1975.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-sixth Year of the Republic
of India as follows:-

1. Short title and commencement.-(1) This Act may be called the
Constitution (Thirty-sixth Amendment) Act, 1975.

(2) It shall be deemed to have come into force on the date_668 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. Amendment of First Schedule.-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-sixth Amendment) Act, 1975, were
comprised in Sikkim.".

3. Insertion of new article 371F.-After article 371E of the
Constitution, the following article shall be inserted, namely:-

"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 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 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.".

4. Amendment of Fourth Schedule.-In the Fourth Schedule to the
Constitution, in the Table,-

(a) after entry 21, the following entry shall be inserted, namely:---

"22. Sikkim 1";

(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. Consequential amendments.-The following consequential amendments
shall be made in the Constitution, namely:-

(a) article 2A shall be omitted;

(b) in article 80, in clause (1), 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.