Article 371F - Sikkim Info
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Article 371F

Article 317F of Constitution of India

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 (36th Amendment) Act, 1975 (here in this article referred to as the appointed day).

  i) The Assembly of Sikkim, formed as a result of the elections held in Sikkim in April 1974, with thirty two members elected in the said elections (herein referred to as the sitting members) shall be deemed to 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 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 the state under this Constitution.

c) In that case of the Assembly deemed to be the Legislative Assembly of the state of Sikkim under clause (b), the reference to the period of (five years) in clause (1) of article 172 shall be construed as references to a period of (four Years) and 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 that state of Sikkim on seat in the House of People and the State of Sikkim shall form one parliamentary constituency to be called the Parliamentary Constituency of Sikkim.

e) The representative of the State of Sikkim in the House of People in existence on the appointed day shall be elected by the members of the Legislative Assembly of the State of Sikkim.

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f) Parliament may, for the purpose of protecting the right and interests of the different sections of the population of Sikkim make provisions for the number of seats in the Legislative Assembly for the State of Sikkim, which may be filled by the candidates belonging to such sections and for the delimitation of the Assembly constituencies from which candidates belonging to such sections alone may stand for elections to the Legislative Assembly of the State of Sikkim.

g) The governor of Sikkim shall have special responsibilities for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim in the discharge of his special responsibility under this clause, the governor of Sikkim shall, subject to such directions a 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 teritories 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 person for the purpose of Government of Sikkim shall , as from the appointed day, vest in the Government of the State Sikkim.

i) The High court functioning as such immediately before the appointed day in the territories comprise din the State of Sikkim shall; on and from the appointed day, be deemed to be the High Court of 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 the form the appointed day to exercise their respective functions subject to provision 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 repealed by a competent Legislature or other competent authority.

l) For the purpose of facilitation the application of any such laws as is referred to in (clause l) in relation to the administration of the state of Sikkim and for the purpose of bringing and provisions of any such law in 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 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 adaption or modification shall not be questioned in any court of law and modifications shall not be questioned by any court of law.

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m) Neither the Supreme Court nor any court shall have the jurisdiction in respect of any dispute or any matter arising out 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 it's predecessor Government was party, but nothing in this cause shall be construed to derogate from the provisions of the 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 the giving effect to any of the foregoing provisions of the 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 date of appointed day.

p) All things done and all actions taken in relation to the state of Sikkim or territories comprised therein during the period commencing the appointed day and ending immediately before the date on which Constitution (36th Amendment) act, 1975 received the assent of the President shall, in so far as they are in conformity with the provisions of the Constitution as amended by the Constitution (36 Amendment) Act, 1975 be deemed for the purpose to have been validly done or taken under this Constitution as so amended.

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