Special provisions for Sikkim

Polity & Governance glossary

Also called: Article 371F · Topic: Special Provisions, Scheduled and Tribal Areas · NCERT: Class 11, Ch 7 "Federalism"

Meaning

Article 371F was added by the 36th Amendment in 1975, when Sikkim became a state of India. Its main provisions are:

  • the assembly must have at least 30 members, and Sikkim has one Lok Sabha seat;
  • laws in force before the merger continue;
  • seats can be reserved for sections of the people;
  • the Governor has a special responsibility, a personal duty, for peace and for the fair advancement of all sections of the people.

Example

Sikkim has Bhutia-Lepcha seats and a Sangha seat for its Buddhist monasteries. In R.C. Poudyal (1993), the Supreme Court upheld these reservations. In Association of Old Settlers of Sikkim (2023), it struck down the rule that left pre-1975 settlers out of Sikkim's income-tax exemption.

Don't confuse with

  • Article 371A (Nagaland): it protects customary law and land from Acts of Parliament. Article 371F instead keeps Sikkim's old laws in force and allows special reserved seats.

Related concepts

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