Part XXI: Temporary, Transitional and Special Provisions

Article 371F: Special Provisions for Sikkim

Original Article:

Article 371F provides special provisions with respect to the State of Sikkim, including representation in Parliament, preservation of laws, and governance structures post-merger with India.

Explanations:

Article 371F ensures that the distinct identity and governance requirements of Sikkim are preserved following its accession to India.

Clause-by-Clause Explanation:

Clause (a): Representation in Parliament

Sikkim’s representation in Parliament is guaranteed under this clause, ensuring its voice in national legislation.

Clause (b): Preservation of Laws

Existing laws in Sikkim prior to its merger remain valid unless amended or repealed by Parliament.

Legislative History:

Article 371F was introduced as part of the Thirty-sixth Amendment in 1975, marking Sikkim’s transition from a protectorate to a full-fledged state of India.

Historical Significance:

This article reflects the negotiated terms of Sikkim’s integration into India, balancing national interests with local identity.

Real-life Examples:

The protection of traditional laws and practices in Sikkim has supported its cultural preservation while integrating with India’s legal framework.

Debates and Deliberations:

The Thirty-sixth Amendment Act saw extensive discussions on Sikkim’s unique historical and cultural position within the Indian Union.