38th Amendment to the Indian Constitution
- 38th Amendment to the Indian Constitution
38th Amendment to the Indian Constitution, enacted 19 April, 1975, is the declaration of Sikkim as a state of India.
tatement of Objects and Reasons
The Sikkim Assembly unanimously adopted a resolution on the 10 April, 1975 which, inter alia, noted the harmful activities of the Chogyal, which were aimed at undermining the responsible democratic government set up under the provisions of the May 8 Agreement of 1973 and the Government of Sikkim Act, 1974. The Resolution declared that the Assembly had satisfied itself that these activities of the Chogyal not only violated the objects of the Agreement of May 8, 1973, but also ran counter to the wishes of the people of Sikkim and impede their democratic development and participation in the political and economic life of India. Accordingly the Assembly solemnly declared and resolved that "the institution of the Chogyal is hereby abolished and Sikkim shall henceforth be a constituent unit of India, enjoying a democratic and fully responsible Government.
The Assembly also resolved that this Resolution be submitted to the people of Sikkim forthwith for their approval. A special opinion poll conducted by the Government of Sikkim on the 14 April 1975 resulted in a total of 59,637 votes in favour and 1,496 votes against the Resolution out of a total electorate of approximately 97,000.
The result of this poll was communicated to the Government of India by the Chief Minister of Sikkim on 15 April, 1975. The Chief Minister on behalf of the Council of Ministers strongly requested the Government of India to make immediate response and accept the above decision, taking, as has been requested in the Assembly Resolution of the l0th Apri1 1975, such measures as may be necessary and appropriate to implement the decision as early as possible.
The Chief Minister and other Ministers of Sikkim also visited New Delhi on the 16th, 17 April 1975 and urged the Government of India to take immediate action in this behalf.
Accordingly, it is proposed to include Sikkim as a full-fledged State in the First Schedule to the Constitution and to allot to Sikkim one seat in the Council of States and one seat in the House of People. It is also proposed to insert a new article containing the provisions considered necessary to meet the special circumstances and needs of Sikkim.
The bill seeks to achieve the above objects.
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