Article 371F of CoI : Article 371F: Special provisions with respect to the State of Sikkim.

Explanation using Example

Example 1:

Scenario: Formation of the Legislative Assembly in Sikkim

Situation: After Sikkim became a part of India in 1975, the state needed to form its Legislative Assembly as per the Indian Constitution.

Application of Article 371F:

• Clause (a): The Legislative Assembly of Sikkim must have at least 30 members.
• Clause (b): The Assembly formed from the 1974 elections with 32 members is recognized as the official Legislative Assembly of Sikkim.
• Clause (c): The term of this Assembly is set to four years starting from the date Sikkim joined India.

Outcome: The 32 members elected in 1974 automatically became the members of the Legislative Assembly of Sikkim, and their term was set for four years from the date Sikkim joined India.

Example 2:

Scenario: Representation of Sikkim in the Indian Parliament

Situation: After Sikkim's integration into India, it needed representation in the Lok Sabha (House of the People).

Application of Article 371F:

• Clause (d): Sikkim is allotted one seat in the Lok Sabha.
• Clause (e): The representative for this seat is elected by the members of the Sikkim Legislative Assembly.

Outcome: Sikkim gets one seat in the Lok Sabha, and the representative for this seat is chosen by the members of the Sikkim Legislative Assembly.

Example 3:

Scenario: Protection of Rights and Interests of Sikkim's Population

Situation: Ensuring the social and economic advancement of different sections of Sikkim's population.

Application of Article 371F:

• Clause (f): Parliament can make provisions for the number of seats in the Sikkim Legislative Assembly to be filled by candidates from different sections of the population.
• Clause (g): The Governor of Sikkim has a special responsibility to ensure peace and equitable social and economic advancement of different sections of the population.

Outcome: Parliament can reserve seats in the Sikkim Legislative Assembly for specific sections of the population, and the Governor has the authority to ensure these sections are adequately represented and their interests protected.

Example 4:

Scenario: Continuation of Existing Laws and Courts

Situation: After Sikkim's integration, there is a need to continue the existing legal and judicial systems until new provisions are made.

Application of Article 371F:

• Clause (i): The existing High Court in Sikkim becomes the High Court for the State of Sikkim.
• Clause (j): All existing courts and authorities continue to function as they were before the appointed day.
• Clause (k): All laws in force before the appointed day continue to be in force until amended or repealed.

Outcome: The High Court and other judicial bodies in Sikkim continue to function as they did before integration, and existing laws remain in effect until changed by a competent authority.

Example 5:

Scenario: Adaptation and Modification of Laws

Situation: Adapting existing laws in Sikkim to align with the Indian Constitution.

Application of Article 371F:

• Clause (l): The President can make necessary adaptations and modifications to existing laws within two years from the appointed day to align them with the Indian Constitution.

Outcome: The President issues orders to adapt and modify existing laws in Sikkim to ensure they are consistent with the Indian Constitution, and these modifications cannot be challenged in court.

Example 6:

Scenario: Extension of Indian Laws to Sikkim

Situation: Extending Indian laws to Sikkim with necessary modifications.

Application of Article 371F:

• Clause (n): The President can extend any Indian law to Sikkim with necessary restrictions or modifications.

Outcome: The President issues a public notification to extend specific Indian laws to Sikkim, ensuring they are applicable with any required modifications to suit the state's context.