Statement of Objects and Reasons - Constitution (35th Amendment) Act, 1974

Statement of Objects and Reasons 1. 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.