Article 371F

Article 371F of the Constitution of India contains special provisions for the State of Sikkim, reflecting its unique historical, political, and cultural circumstances at the time of its integration into the Indian Union. It was inserted by the Constitution (Thirty-sixth Amendment) Act, 1975, which formally made Sikkim the 22nd State of India on 26 April 1975.
This article provides constitutional safeguards to preserve Sikkim’s distinct identity, ensure administrative continuity, and protect the rights of its people while integrating it into India’s federal and democratic framework.

Historical Background

Before 1975, Sikkim was a protectorate of India, governed by the Chogyal (monarch) under the Indo-Sikkim Treaty of 1950. India handled Sikkim’s defence, foreign affairs, and communications, while internal administration remained under the monarchy.
However, political movements in Sikkim during the 1970s demanded democratic reforms and closer association with India. In April 1974, a new democratic constitution was adopted under Indian guidance, and elections were held for a 32-member Assembly.
Following a political upheaval and a popular referendum in April 1975, the Sikkim Assembly unanimously resolved to abolish the monarchy and join India. The Thirty-sixth Amendment Act, 1975, was passed by Parliament to give constitutional effect to this integration, inserting Article 371F into the Constitution.

Objective and Purpose

Article 371F was designed to:

• Facilitate Sikkim’s smooth transition from a monarchy to a democratic State within India.
• Preserve existing laws, customs, and administrative systems to maintain stability.
• Protect the rights and interests of the Sikkimese people, including indigenous communities such as the Bhutia-Lepcha.
• Establish a constitutional framework ensuring political representation and cultural autonomy during the integration process.

Key Provisions of Article 371F

1. Legislative Assembly of Sikkim

• The Sikkim Legislative Assembly must consist of at least 30 members.
• The Assembly constituted under the 1974 Sikkim Constitution (comprising 32 members) is recognised as the first Legislative Assembly of Sikkim under the Indian Constitution.
• The Assembly’s composition, representation, and procedures are governed by the Indian Constitution and subsequent parliamentary laws.

2. Role and Special Responsibility of the Governor

• The Governor of Sikkim is entrusted with a special responsibility for maintaining peace and ensuring the social and economic advancement of various sections of the Sikkimese population.
• The Governor performs this role subject to the directions of the President of India, making it a centralised constitutional safeguard.
• This special responsibility reflects the transitional nature of governance in Sikkim and the need to protect vulnerable communities during the State’s integration.

3. Adaptation and Continuity of Laws

• All laws in force in Sikkim immediately before 26 April 1975 continue to operate until they are amended or repealed by a competent authority (Parliament, State Legislature, or the President).
• The President of India is empowered to:
  • Adapt or modify existing laws to align with the Indian Constitution, and
  • Repeal or amend laws inconsistent with national legal frameworks.
• This clause ensured administrative continuity and prevented legal vacuum during Sikkim’s merger.

4. Representation and Safeguards for Sikkimese People

• The President has the power to determine:
  • The number of seats allocated to Sikkim in Parliament, and
  • The delimitation of constituencies for the Sikkim Legislative Assembly, keeping in view the distinct composition of its population.
• Provisions are made for reservation of seats in the Legislative Assembly to represent various communities such as:
  • Bhutia-Lepcha,
  • Sikkimese Nepali, and
  • Scheduled Castes.
• These arrangements protect the political representation and rights of indigenous and minority groups.

5. Non-Application of Article 368 (Special Amendment Clause)

• Amendments made to Article 371F or laws enacted under it are not considered constitutional amendments under Article 368 unless they relate to Sikkim’s representation in Parliament.
• This facilitates administrative flexibility and allows changes specific to Sikkim without requiring the extensive constitutional amendment process.

6. Overriding Effect of Article 371F

• In case of any inconsistency between Article 371F and other constitutional provisions, Article 371F prevails.
• This ensures that Sikkim’s unique constitutional safeguards cannot be overridden by general constitutional provisions.

Distinctive Features of Article 371F

1. Protection of Sikkimese Rights and CustomsArticle 371F safeguards the cultural identity, social institutions, and traditional laws of the Sikkimese people. It ensures continuity of pre-merger laws concerning land ownership, inheritance, and local governance.
2. Reservation of Assembly SeatsThe Sikkim Legislative Assembly reserves specific seats for different ethnic and social groups to maintain communal balance and representation. The system is periodically reviewed to reflect demographic changes while protecting minority rights.
3. Special Role of the GovernorThe Governor’s unique role under Article 371F distinguishes Sikkim from other States. Acting under Presidential direction, the Governor ensures the implementation of policies promoting the welfare and integration of diverse communities.
4. Adaptation of Pre-Merger InstitutionsThe article recognises existing governmental structures, judiciary, and administrative frameworks established before 1975, providing stability and continuity during the merger.

Judicial Interpretation and Case Law

The judiciary has played an important role in interpreting and upholding Article 371F.

• R.C. Poudyal & Ors. v. Union of India & Ors. (1994)The Supreme Court upheld the validity of Article 371F and the system of seat reservations in the Sikkim Legislative Assembly. The Court held that these provisions do not violate the equality clause (Article 14) or democratic principles, as they are essential for ensuring balanced representation and maintaining peace in a multi-ethnic society.
• Kazi Lhendup Dorji v. State of Sikkim (1987)The case discussed the Governor’s discretionary powers and the President’s authority to adapt laws under Article 371F. The Court affirmed the constitutional validity of the President’s actions in adapting Sikkim’s pre-existing legal framework.
• Karma Dorji v. Union of India (1994)The Supreme Court elaborated on the continuity of laws and upheld the President’s power to modify or repeal pre-merger laws to align them with the Indian Constitution.

Through these judgments, the courts have consistently recognised Article 371F as a constitutionally valid and necessary measure for integrating Sikkim while preserving its social harmony and legal distinctiveness.

Political and Administrative Significance

• Peaceful Integration: Article 371F ensured Sikkim’s merger into India without social unrest or administrative disruption.
• Cultural Autonomy: It preserved the linguistic, ethnic, and cultural identity of the Sikkimese people.
• Legal Continuity: It allowed pre-existing laws to operate, ensuring smooth governance during the transitional phase.
• Representation and Equity: Guaranteed fair representation for all communities, maintaining inter-group balance in Sikkim’s politics.
• Governor’s Oversight: Provided a constitutional mechanism for central oversight, ensuring effective governance and peace.

Relation with Other Constitutional Provisions

• Part XXI of the Constitution: Article 371F is part of the special provisions for certain States (Articles 371A–371J).
• Article 2: Empowers Parliament to admit new States into the Union.
• Article 368: Normally governs constitutional amendments, but Article 371F(10) creates an exception for Sikkim.
• Article 371G (Mizoram) and Article 371H (Arunachal Pradesh): Contain similar protections for cultural and administrative autonomy, modelled on Article 371F.

Continuing Relevance

Even decades after Sikkim’s merger, Article 371F remains crucial for maintaining its political stability and cultural integrity.

• It continues to safeguard the rights of indigenous Sikkimese against demographic and economic changes.
• It serves as a constitutional model for balancing integration with autonomy in multi-ethnic societies.
• The Governor’s role and the President’s adaptive powers remain central to maintaining Sikkim’s distinct administrative identity.