What is Article 371F of Indian Constitution – Defination & Meaning

Article 371F: Special provisions with respect to the State of Sikkim Notwithstanding anything in this Constitution,— (a) the Legislative Assembly of the State
📅 Part XXI – Temporary, Transitional and Special Provisions
🏷️Amended

📚 UPSC Relevant

Article Number

371F

part

Part XXI – Temporary, Transitional and Special Provisions

Status

Amended

Bare Acts Text

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 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 be 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,  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.
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Full Definition & Explanation

Article 371F of the Indian Constitution provides special provisions for the State of Sikkim. It ensures that Sikkim has a Legislative Assembly consisting of no less than thirty members. This article recognizes the unique status of Sikkim, which joined India in 1975, and reflects the need to address the distinct socio-economic conditions of its people. For example, it allows for the allocation of legislative seats to protect the interests of various population sections, acknowledging their different rights and needs. The article also grants special powers to the Governor of Sikkim. The Governor has a unique responsibility to promote peace and ensure the social and economic advancement of diverse communities in Sikkim. This arrangement aims to create a balanced representation within the Assembly and addresses the needs of marginalized groups. Such measures are key, considering Sikkim’s diverse population that includes different ethnic communities. Additionally, Article 371F allows for the continuation of laws and legal frameworks in Sikkim until they are amended or repealed. This provision ensures stability and continuity in governance during the transition period after Sikkim became a state. The provision for the President to extend laws from other states to Sikkim further emphasizes the need for integration while respecting local contexts. Overall, this article plays a key role in ensuring that Sikkim’s unique identity is preserved while integrating it into the larger framework of Indian governance.

Historical Context

It ensures that Sikkim has a Legislative Assembly consisting of no less than thirty members. This article recognizes the unique status of Sikkim, which joined India in 1975, and reflects the need to address the distinct socio-economic conditions of its people. For example, it allows for the allocation of legislative seats to protect the interests of various population sections, acknowledging their different rights and needs. The article also grants special powers to the Governor of Sikkim. Article 371F of the Indian Constitution provides special provisions for the State of Sikkim. The Governor has a unique responsibility to promote peace and ensure the social and economic advancement of diverse communities in Sikkim.

Key Features

– Sikkim’s Legislative Assembly must have at least thirty members.
– The Assembly formed in 1974 is recognized as legitimate under this Constitution.
– The Governor of Sikkim has special responsibilities for peace and development.
– One parliamentary constituency is allocated exclusively for Sikkim in the Lok Sabha.
– The President can modify laws to suit Sikkim’s specific needs.

Importance & Impact

– Protects the rights of various population sections in Sikkim
– Promotes social and economic progress through the Governor’s special responsibilities.
– Ensures legislative continuity by allowing existing laws to remain in effect.
– Supports local representation by defining the structure of the Legislative Assembly.
– Facilitates integration with India while respecting Sikkim’s unique identity

Sample UPSC Question

Which of the following statements about Article 371F is correct? A) It mandates a Legislative Assembly with at least 40 members. B) It allows the Governor special responsibilities for Sikkim’s development. C) It was added through the Fifty-second Amendment. D) It abolishes existing laws in Sikkim upon statehood. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is B. Article 371F provides the Governor with special responsibilities to ensure peace and the socio-economic development of Sikkim’s diverse population. This role is necessary for addressing the unique challenges faced by the communities in Sikkim. Article 371F of the Indian Constitution provides special provisions for the State of Sikkim.

Key Takeaways

✓ Article 371F ensures Sikkim’s Legislative Assembly has at least thirty members.
✓ The Governor is tasked with promoting Sikkim’s peace and development.
✓ Existing laws in Sikkim continue until they are amended or repealed.
✓ Special provisions protect the rights of various communities in Sikkim.
✓ The President can adapt laws to meet Sikkim’s specific needs.

FAQs

Article 371F of the Indian Constitution provides special provisions for the State of Sikkim. It ensures that Sikkim has a Legislative Assembly consisting of no less than thirty members. This article recognizes the unique status of Sikkim, which joined India in 1975, and reflects the need to address the distinct socio-economic conditions of its people.

This arrangement aims to create a balanced representation within the Assembly and addresses the needs of marginalized groups. Such measures are key, considering Sikkim’s diverse population that includes different ethnic communities. Additionally, Article 371F allows for the continuation of laws and legal frameworks in Sikkim until they are amended or repealed.

This provision ensures stability and continuity in governance during the transition period after Sikkim became a state. The provision for the President to extend laws from other states to Sikkim further emphasizes the need for integration while respecting local contexts. Overall, this article plays a key role in ensuring that Sikkim’s unique identity is preserved while integrating it into the larger framework of Indian governance.

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Pramod Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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