Article 371F

Article 371F of the Indian Constitution is a special provision created when Sikkim officially became the 22nd state of India in 1975 through the 36th Constitutional Amendment. It basically outlines how Sikkim’s political, legal, and administrative systems were to be smoothly integrated into the Indian Union while also safeguarding the unique rights and interests of its people. The article covers everything from the composition of the Sikkim Legislative Assembly (minimum 30 members) and its early four-year term, to representation in Parliament, the continuation of existing laws and courts, and even the Governor’s special responsibility to maintain peace and ensure the welfare of Sikkim’s diverse communities.

It also allows Parliament to reserve Assembly seats for different sections of Sikkim’s population, lets the President adapt laws during the transition, and shields pre-1975 treaties with Sikkim from judicial review. In short, Article 371F served as a bridge - protecting Sikkim’s identity and institutions while anchoring it firmly within the framework of the Indian Constitution.

Article 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 commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (the appointed day):
  1. The Assembly formed after the April 1974 elections with 32 members shall be deemed the Legislative Assembly of Sikkim under the Constitution.
  2. The sitting members of that Assembly shall be deemed duly elected members.
  3. This Assembly shall exercise the powers and functions of a Legislative Assembly under the Constitution.
• (c) For this Assembly, the usual five-year term (Article 172) shall instead be four years, starting from the appointed day.
• (d) Until Parliament provides otherwise, Sikkim shall have:
  • One seat in the Lok Sabha.
  • A single parliamentary constituency named “Sikkim.”
• (e) The representative of Sikkim in the Lok Sabha (on the appointed day) shall be elected by the members of the Sikkim Legislative Assembly.
• (f) Parliament may make provisions for:
  • Protecting the rights and interests of different sections of Sikkim’s population.
  • Reserving seats in the Assembly for such sections.
  • Delimiting constituencies where only candidates from these sections may contest.
• (g) The Governor of Sikkim shall have special responsibility for:
  • Maintaining peace.
  • Ensuring equitable social and economic advancement of different sections of the population.
  • In doing so, the Governor shall act in his discretion, subject to the President’s directions.
• (h) All property and assets vested in the Government of Sikkim (or its authorities/persons) immediately before the appointed day shall now vest in the Government of the State of Sikkim.
• (i) The High Court functioning before the appointed day in Sikkim shall be deemed to be the High Court for the State of Sikkim.
• (j) All civil, criminal, and revenue courts, along with judicial, executive, and ministerial authorities/officers in Sikkim, shall continue their functions subject to the Constitution.
• (k) All laws in force in Sikkim immediately before the appointed day shall remain effective until amended or repealed by a competent authority.
• (l) To facilitate the application of such laws and align them with the Constitution:
  • The President may, within two years of the appointed day, adapt/modify/repeal them by order.
  • These adaptations cannot be challenged in court.
• (m) Neither the Supreme Court nor any other court shall have jurisdiction over disputes arising from treaties, agreements, or engagements relating to Sikkim entered before the appointed day, to which India (or its predecessors) was a party.
  • However, this does not affect Article 143 (Presidential reference to the Supreme Court).
• (n) The President may extend any Indian law (in force in other States) to Sikkim, with modifications or restrictions if necessary.
• (o) If difficulties arise in implementing these provisions, the President may issue orders (including modifying other Articles) to remove such difficulties.
  • This power lapses after two years from the appointed day.
• (p) All actions taken in relation to Sikkim from the appointed day until the Thirty-sixth Amendment received Presidential assent shall be deemed valid if they conform with the amended Constitution.