Special provisions with respect to the State of Sikkim

Quick Summary (TL;DR)

Article 371F (Special provisions with respect to the State of Sikkim): Special, transitional, and regional development provisions under Part XXI.

In Simple Citizen Words

Article 371F ('Special provisions with respect to the State of Sikkim') is part of Part XXI (Temporary, Transitional and Special Provisions). It encompasses regional safeguards under the Article 371 series (Maharashtra/Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh/Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa, Karnataka) as well as constitutional continuity of pre-1950 laws, courts, and institutions (Arts 372–392). Specifically: 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)...

Key Constitutional Provisions

Constitutional Mandate (Art. 371F): Directly codifies the legal rule for 'Special provisions with respect to the State of Sikkim' under Part XXI

Structured across 1 clause(s) and 19 sub-clause(s) with explicit constitutional provisos/safeguards

Backed by independent judicial oversight of the Supreme Court to protect constitutional legality

Exceptions & Reasonable Restrictions

Under Article 372(1), all pre-Constitution laws continue in force only 'subject to the other provisions of this Constitution'—meaning any colonial-era law violating Fundamental Rights can be struck down under Article 13 (as in Navtej Singh Johar, 2018).

Why This Matters in Daily Life

Accommodates India's regional diversity and ensures seamless legal continuity from 1950 to the modern Republic.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Sardar Vallabhbhai Patel & Dr. B. R. Ambedkar

Architects of Asymmetric Federalism & Legal Transition • October 13–17, 1949 & Subsequent Amendments

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 371F: Ensuring smooth legal transition from pre-1950 laws and courts (Arts 372–378) while accommodating unique regional, cultural, and developmental needs of frontier and newly integrated States (Art 371 series).

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"Unity in India does not mean uniformity that erases local heritage; our Constitution provides transitional continuity and tailored regional safeguards within one indivisible Republic."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 371F: Enacted Part XXI (Articles 369–392) governing transitional legal continuity (Art 372) and regional state safeguards across the Article 371–371J series.

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 371F was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Notwithstanding anything in this Constitution, —

Sub-clause (a)

the Legislative Assembly of the State of Sikkim shall consist of not less than thirty members;

Sub-clause (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) —

Sub-clause (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;

Sub-clause (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

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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;

Sub-clause (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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Special provisions with respect to the State of Sikkim

🔵 Newly Inserted After 1950 (Via Amendment) Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Not present in the original Constitution of 26 January 1950. Article 371F did not exist in the 1950 text and was newly inserted into the Constitution by Parliament through the 36th Constitutional Amendment Act, 1975.

CURRENT ENFORCEABLE STATUS (TODAY)

Active & Enforceable Today (Inserted via the 36th Constitutional Amendment Act, 1975): Article 371F (Special provisions with respect to the State of Sikkim): Special, transitional, and regional development provisions under Part XXI.

Key Amendment Milestones & Textual Modifications

36th Constitutional Amendment Act, 1975 — Sikkim Became the 22nd Full State of India

Year 1975

Why it happened: After over 97% of Sikkim’s citizens voted in a referendum to join India, Sikkim became the 22nd State under Article 371F.

                                    Inserted (371F, 1st Schedule): Sikkim Became the 22nd Full State of India                                

Article 371E Ask Nyaya Saarthi AI About This Article Article 371G

Emergency Citizen Helplines

Special provisions with respect to the State of Sikkim

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications