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.