36th Constitutional Amendment Act, 1974

The Constitution (Thirty-fifth Amendment) Act, 1974 is a significant and unique chapter in India’s constitutional history. It marked the first time the Indian Constitution introduced the concept of an “Associate State,” providing a special form of association between the Indian Union and the then Kingdom of Sikkim. 

This amendment laid the foundation for Sikkim’s eventual full integration into the Indian Union as its 22nd State through the subsequent 36th Amendment in 1975.

Historical Background and Context of 36th Constitutional Amendment Act, 1974

Before 1974, Sikkim was a protectorate under India but retained a monarchical system under the Chogyal. While defence, external affairs, and communications were managed by India under a 1950 treaty, the political structure in Sikkim was largely autonomous with the monarch at its helm.

During the late 1960s and early 1970s, democratic aspirations gained momentum among the people of Sikkim. They sought greater political representation and closer association with India. Political parties within Sikkim pushed for reforms to reduce the powers of the Chogyal and to establish a more responsible and democratic government.

This led to the historic tripartite agreement on 8 May 1973 involving:

• The Chogyal, the hereditary monarch of Sikkim.
• The leaders of political parties representing the Sikkimese people.
• The Government of India, represented by the Foreign Secretary.

This agreement envisaged adult suffrage elections, the creation of a legislative assembly, and a political framework that would progressively link Sikkim with India.

Subsequently, the Sikkim Assembly was formed in 1974 and passed the Government of Sikkim Act with overwhelming majority. The Act provided a constitutional basis for political participation of Sikkim’s people and sought representation within the Indian parliamentary system.

The Constitution (Thirty-fifth Amendment) Act, 1974 was enacted by the Indian Parliament to give effect to these political aspirations and legalise Sikkim’s special association with India.

Objects and Reasons of 36th Constitutional Amendment Act, 1974

The Bill’s Statement of Objects and Reasons highlighted the following:

• A unanimous desire by the Sikkim Assembly to establish a fully responsible government.
• A wish to strengthen Indo-Sikkim cooperation and inter-relationship.
• The necessity to provide for Sikkim’s participation in the political institutions of India.
• The insertion of a Tenth Schedule to the Constitution specifying the terms and conditions of Sikkim’s association with India.

The Amendment was thus aimed at legally formalising Sikkim’s new political status, ensuring smooth governance, and facilitating its gradual integration.

Key Provisions of the 36th Constitutional Amendment Act, 1974

Insertion of Article 2A

The Amendment introduced a new Article 2A immediately after Article 2 in the Constitution, which stated:

“Sikkim, which comprises the territories specified in the Tenth Schedule, shall be associated with the Union on the terms and conditions set out in that Schedule.”

This was a novel concept, as the Constitution until then recognised States and Union Territories, but not an “Associate State”. Sikkim’s designation as an Associate State meant it was constitutionally linked with India, while retaining certain unique rights and privileges.

Amendment of Articles 80 and 81

To facilitate Sikkim’s political participation, Articles 80 and 81 dealing with the composition of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People) were amended. The changes allowed for:

• Allocation of one seat for Sikkim in each house.
• The Rajya Sabha member to be elected by the members of the Sikkim Assembly.
• The Lok Sabha member to be elected directly by the people of Sikkim from a single parliamentary constituency.

These provisions ensured that Sikkim would have formal representation at the national level while respecting its distinct political situation.

Addition of the Tenth Schedule

The heart of the Amendment was the addition of the Tenth Schedule, which laid out the territories of Sikkim and the terms and conditions of its association with India. The Schedule had two parts:

Part A: Territories of Sikkim

Defined the geographical boundaries of Sikkim as per the Government of Sikkim Act, 1974.

Part B: Terms and Conditions of Association

Outlined the responsibilities and powers of the Indian Government regarding Sikkim. These included:

• Defence and protection of Sikkim’s territorial integrity.
• Conduct and regulation of Sikkim’s external relations – political, economic, and financial.
• Construction, maintenance, and regulation of infrastructure like railways, aerodromes, posts, telegraphs, telephones, and wireless installations.
• Ensuring economic and social development, good administration, and communal harmony.
• Providing educational opportunities and equal employment chances in the Indian public service to Sikkim’s people.
• Facilitating Sikkim’s participation and representation in Indian political institutions.

The Schedule also empowered the President of India to:

• Include Sikkim in national planning efforts and associate Sikkimese officials in developmental plans.
• Exercise powers vested under the Government of Sikkim Act, 1974.

The Schedule made clear that these provisions would not derogate from any existing rights or agreements India had with Sikkim.

Representation of Sikkim in the Indian Parliament

The Amendment ensured that Sikkim was represented in both Houses of Parliament:

• Lok Sabha: The entire territory of Sikkim was considered a single parliamentary constituency. Initially, the Lok Sabha member was to be elected by the Sikkim Assembly until direct elections were conducted. The electorate comprised those on the general electoral roll, which included all voters under the Government of Sikkim Act.
• Rajya Sabha: The member representing Sikkim was elected by the Sikkim Assembly members.

Qualifications for representatives were aligned with those for the Sikkim Assembly members, with modifications to certain citizenship provisions in Article 84, Article 101, and Article 102 of the Constitution. Disqualification issues were to be decided by the President after consulting the Election Commission. The Election Commission was entrusted with the superintendence, direction, and control of elections.

Non-Justiciability of Certain Provisions

The Amendment specified that some responsibilities of the Government of India regarding Sikkim — such as defence, development, and administration — would not be enforceable by any court. This reflected the political nature of the associate state relationship, giving the executive discretion in these matters while maintaining constitutional safeguards.

Conclusion

The Constitution (Thirty-fifth Amendment) Act, 1974 stands as a landmark and innovative legal instrument that recognised the unique circumstances of Sikkim. By creating the Associate State category, it provided a flexible constitutional arrangement that balanced Sikkim’s historical identity with the Indian Union’s sovereignty and democratic ideals.