Article 371F

Terms of Sikkim’s Integration as the 22nd State of India

Official heading: “Special provisions with respect to the State of Sikkim”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part XXI, Article 371F, printed pages 240–243
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Establishes the constitutional terms of Sikkim’s accession as the 22nd State of India, protecting existing laws, local representation, and ethnic parity.

2. What It Means in Everyday Language

Inserted by the Constitution (Thirty-sixth Amendment) Act, 1975, Article 371F is the foundational charter under which the former Himalayan Kingdom of Sikkim joined the Indian Union as a full-fledged State.

Under clause (a), the Legislative Assembly of Sikkim consists of not less than thirty members (with thirty-two sitting members elected in the 1974 pre-accession elections under clause (b)(i)).

Under clause (f), Parliament is empowered to make provision for the reservation of seats in the Assembly for different sections of the population of Sikkim (protecting representation for the Bhutia-Lepcha indigenous communities and the Sangha monastery constituency). In R.C. Poudyal v. Union of India (1994), the Supreme Court upheld these specialized religious and ethnic reservations as valid transitional safeguards.

Under clause (k), all laws in force immediately before 26 April 1975 in Sikkim continue in force until altered or repealed by a competent Legislature.

Under clause (m), courts are barred from questioning treaties and accession agreements relating to Sikkim’s integration.

3. Practical Illustrative Example

Everyday Scenario:

In elections to the Sikkim Legislative Assembly, twelve seats are reserved for Bhutia-Lepcha candidates and one seat is reserved for Buddhist Sangha monks.

Core takeaway: Under Article 371F(f), Parliament has constitutional authority to maintain unique historical community and monastic representation in Sikkim.

Illustrative Notice: The Supreme Court in R.C. Poudyal affirmed that while historic ethnic seat reservations are valid under Article 371F, all electors participate under democratic rule of law.

4. Important Limits, Qualifications & Exceptions

Article 371F preserves Sikkim’s legal, social, and cultural continuity as an integral part of India.

Thirty-sixth Amendment landmark: Enacted in 1975 to integrate Sikkim as the 22nd State.
Representation quotas: Empowers Parliament to protect Bhutia, Lepcha, and Sangha monastic representation.
Continuity of old laws: Preserves pre-accession Sikkim laws under clause (k) until amended.
Judicial bar: Clause (m) bars court jurisdiction over the 1975 accession agreements.

5. Operative Constitutional Text

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; (c) the period of five years shall be the duration of the Legislative Assembly; (d) one seat shall be allotted to the State of Sikkim in the House of the People; (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; (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; (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 in force therein until amended or repealed by a competent Legislature or other competent authority; (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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part XXI, Article 371F, printed pages 240–243 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource