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THE CONSTITUTION (THIRTY-FIFTH AMENDMENT) ACT, 1974 Statement of Objects and Reasons appended to the Constitution (Thirty-sixth Amendment) Bill, 1974 which was enacted as the Constitution (Thirty-fifth Amendment) Act, 1974 STATEMENT OF OBJECTS AND REASONS In pursuance of the historic agreement of the 8th May, 1973, between the Chogyal, the leaders of the political parties representing the people of Sikkim and the Government of India and of the unanimous desire of the members of the Sikkim Assembly expressed in the meetings of the Assembly held on the 11th May, 1974, for the progressive realisation of a fully responsible Government in Sikkim and for furthering its close relationship with India, the Sikkim Assembly considered and passed the Government of Sikkim Bill, 1974 unanimously. The Chogyal promulgated this Bill on the 4th July, 1974 as the Government of Sikkim Act, 1974. For the speedy development of Sikkim in the social, economic and political fields, section 30 of the Government of Sikkim Act, 1974 empowers the Government of Sikkim, inter alia, to seek participation and representation for the people of Sikkim in the political institutions of India. On the 28th June, 1974, after passing the Government of Sikkim Bill, the Sikkim Assembly resolved unanimously that measures should be taken, amongst other things, for seeking representation for the people of Sikkim in India's parliamentary system. 2. After the promulgation of the Government of Sikkim Act, the Chief Minister of Sikkim had made formal requests to the Government of India through the Chief Executive requesting the Government of India to take such steps as may be legally or constitutionally necessary to give effect to the Government of Sikkim Act, 1974 and the resolutions passed by the Assembly and particularly for providing for representation for the people of Sikkim in Parliament. 3. With a view of giving effect to the wishes of the people of Sikkim for strengthening Indo-Sikkim co-operation and inter-relationship, the Bill seeks to amend the Constitution to provide for the terms and conditions of association to Sikkim with the Union. The terms and conditions are set out in the Tenth Schedule proposed to be added to the Constitution by clause 5 of the Bill. Apart from referring to the responsibilities of the Government of India and the powers of the President in this regard, the Schedule provides for allotment to Sikkim of one seat in the Council of States and one seat in the House of the People and for the election of the representatives of Sikkim in the Council of States and the House of the People by the members of the Sikkim Assembly. (Swaran Singh) Dated: August 30, 1974 THE CONSTITUTION (THIRTY-FIFTH AMENDMENT) ACT, 1974 Dated: February 22, 1975 An Act further to amend the Constitution of India to give effect to the wishes of the people of Sikkim for strengthening Indo-Sikkim co-operation and inter-relationship. BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:- 1. Short title and commencement:- (1) This Act may be called the Constitution (Thirty-fifth Amendment) Act, 1974. (2) It shall come into force on such date_667 as the Central Government may, by notification in the Official Gazette, appoint. 2. Insertion of new article 2A:- After article 2 of the Constitution, the following article shall be inserted, namely:-
3. Amendment of article 80:- In article 80 of the Constitution, in clause (1), for the words "The Council of States", the words and figure "Subject to the provisions of paragraph 4 of the Tenth Schedule, the Council of States" shall be substituted. 4. Amendment of article 81:- In article 81 of the Constitution, in clause (1), for the words and figures "Subject to the provisions of article 331", the words and figures "Subject to the provisions of article 331 and paragraph 4 of the Tenth Schedule" shall be substituted. 5. Addition of Tenth Schedule:- After the Ninth Schedule to the Constitution, the following Schedule shall be added, namely:- `TENTH SCHEDULE [Articles 2A, 80(1) and 81(1)] PART A TERRITORIES OF SIKKIM 1. Sikkim:-Sikkim comprises the following territories, namely:- The territories which, immediately before the coming into force of the Government of Sikkim Act, 1974, were comprised in Sikkim. PART B TERMS AND CONDITIONS OF ASSOCIATION OF SIKKIM WITH THE UNION 2. Responsibilities of the Government of India:- (1) The Government of India-
(2) The provisions contained in this paragraph shall not be enforceable by any court. 3. Exercise of certain powers by the President:- The President may, by general or special order, provide-
4. Representation in Parliament:- Notwithstanding anything in this Constitution-
Explanation:-In this paragraph, the expression "the Sikkim Assembly" shall mean the Assembly for Sikkim constituted under the Government of Sikkim Act, 1974. 5. Schedule not to derogate from agreements, etc:- The provisions of this Schedule shall be in addition to, and not in derogation of, any other power, jurisdiction, rights and authority which the Government of India has or may have in or in relation to Sikkim under any agreement, grant, usage, sufferance or other lawful arrangement.'. |