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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 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 constituted as reference to a 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
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 provisions 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 direction;
(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 purpose 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 provision 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, by order
****do anything (including any adaptation or modification of any
other article) which appears to him to be necessary for the
purpose of removing the difficulty; Provided that no such order
shall be added 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
(q) purpose to have been validly done or taken under this
Constitution as so amended).
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