Actual Article
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 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 the State of Sikkim formed as a result of the elections held in Sikkim in April 1974 with thirty-two members elected in the said elections shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
- (ii) the sitting members of the Assembly referred to in sub-clause (i) shall be deemed to be the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
- (iii) the Assembly referred to in sub-clause (i) shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;
(c) until otherwise provided for by Parliament by law, the Assembly of the State of Sikkim shall consist of not less than thirty members;
(d) the Representative of Sikkim in the House of the People in existence immediately before the appointed day shall be deemed to have been duly elected to fill the seat allotted to Sikkim in that House;
(e) 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 act in his discretion, subject to the directions issued from time to time by the President;
(f) in the case of any inconsistency or repugnancy between the provisions of this Constitution and the provisions of the Government of Sikkim Act, 1974, the provisions of this Constitution shall prevail.
(g) the President may, by public notification, extend with such restrictions or modifications as he thinks fit to the State of Sikkim any law which is in force in a State in India;
(h) the President may, by public notification, make such adaptations and modifications of any law referred to in clause (g) whether by way of repeal or amendment, as may be necessary or expedient for the purpose of bringing the provisions of such law into accord with the provisions of this Constitution, and any such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent Legislature or other competent authority;
(i) neither the Supreme Court nor any other court shall have jurisdiction in respect of any dispute or other matter arising out of any provision of this article;
(j) notwithstanding anything in this Constitution, all agreements and treaties between the Government of India and the Government of Sikkim which were in force immediately before the appointed day shall continue in force subject to such adaptations and modifications as may be made therein by the President;
(k) the President may, by order, make such provisions as may be necessary for the removal of difficulties for the purposes of giving effect to the foregoing provisions of this article and for bringing the provisions of this article into effective operation.
UPSC Notes for Article 371F
Explanation:
- Special Provisions for Sikkim: Article 371F provides special provisions for the State of Sikkim, ensuring its integration into the Indian Union while maintaining certain unique features.
- Legislative Assembly: Specifies that the Legislative Assembly of Sikkim shall consist of not less than thirty members.
- Governor’s Special Responsibility: Assigns the Governor of Sikkim special responsibility for peace and equitable socio-economic advancement of different sections of the population.
- Presidential Powers: Empowers the President to extend laws to Sikkim, make necessary adaptations and modifications to existing laws, and resolve any difficulties in implementing these provisions.
Key Points:
- Integration of Sikkim: Ensures the smooth integration of Sikkim into the Indian Union while respecting its unique historical context.
- Legislative Continuity: Maintains the continuity of Sikkim’s legislative assembly and representation in the Indian Parliament.
- Governor’s Role: Grants the Governor special discretionary powers to maintain peace and promote equitable development.
- Presidential Adaptations: Allows the President to adapt and modify laws to suit the specific needs of Sikkim.
Important Cases and Commissions Related to Article 371F
Cases:
- No landmark Supreme Court cases specifically interpreting Article 371F, but its provisions have been crucial in ensuring the integration and development of Sikkim within the Indian Union.
Commissions:
- Various State and Central Commissions: Have reviewed the implementation and impact of Article 371F on the governance and development of Sikkim.
Important Reports Related to Article 371F:
- Reports by the Ministry of Home Affairs: Highlight the implementation and impact of special provisions for Sikkim.
Previous Year Prelims Questions Related to Article 371F
- What does Article 371F of the Indian Constitution provide for?
A. Special provisions for Scheduled Tribes in Manipur
B. Special provisions for the State of Sikkim
C. Financial emergency provisions
D. Powers of the Governor during an emergency Correct Answer: B. Special provisions for the State of Sikkim - Under Article 371F, who has the special responsibility for peace and equitable socio-economic advancement in Sikkim?
A. The Prime Minister
B. The Governor
C. The President
D. The Chief Minister Correct Answer: B. The Governor
Previous Year Mains Questions Related to Article 371F
- “Discuss the significance of Article 371F in the integration of Sikkim into the Indian Union. How do these special provisions ensure the socio-economic advancement of different sections of the population in Sikkim?”
- “Evaluate the role of the Governor under Article 371F in maintaining peace and promoting equitable development in Sikkim. How effective has this provision been in addressing the unique needs of the state?”
Additional Insights:
- Historical Context: Article 371F acknowledges Sikkim’s unique historical context and ensures its smooth integration into the Indian Union.
- Legislative and Administrative Continuity: Maintains the legislative and administrative continuity of Sikkim, respecting its historical governance structures.
- Development Focus: Ensures that Sikkim receives special attention for its socio-economic development, with the Governor playing a crucial role in this process.
- Flexibility and Adaptation: Provides flexibility for the President to adapt and modify laws to suit the specific needs of Sikkim, ensuring effective governance.
Understanding Article 371F is crucial for UPSC aspirants as it provides insights into the constitutional provisions for integrating Sikkim into the Indian Union while ensuring its unique needs are addressed. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the inclusion and development of Sikkim within the Indian Constitution.