AMENDMENT_35_01031975
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Abhay Rana
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@ -12,7 +12,9 @@ Schedule.
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admit into the Union, or establish, new States on such terms and conditions as i
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t
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thinks fit.
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2A. Sikkim to be associated with the Union.-Sikkim, which comprises
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the territories specified in the Tenth Schedule, shall be associated
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with the Union on the terms and conditions set out in that Schedule.
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3. Formation of new States and alteration of areas, boundaries or
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names of existing States.—Parliament may by law—
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(a)form a new State by separation of territory from any State or by
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@ -399,8 +399,9 @@ General
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79. Constitution of Parliament.—There shall be a Parliament for the
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Union which shall consist of the President and two Houses to be known
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respectively as the Council of States and the House of the People.
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80. Composition of the Council of States.—(1) The Council of States shall cons
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ist of—
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80. Composition of the Council of States.—(1) Subject to the provisions
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of paragraph 4 of the Tenth
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Schedule, the Council of States shall consist of—
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(a) twelve members to be nominated by the President in accordance
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with the provisions of clause (3); and
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(b) not more than two hundred and thirty-eight representatives of
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@ -432,7 +433,7 @@ shall be chosen in such manner as Parliament may by law prescribe.
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81. Composition of the House of the People.—(1) Subject to the
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provisions of article 331,
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provisions of article 331 and paragraph 4 of the Tenth Schedule,
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the House of the People shall consist of—
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(a) not more than five hundred and thirty members chosen by direct
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election from territorial constituencies in the States, and
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@ -0,0 +1,153 @@
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[Articles 2A, 80(1) and 81(1)]
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PART A
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TERRITORIES OF SIKKIM
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1. Sikkim.---Sikkim comprises the following territories, namely:-
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The territories which, immediately before the coming into force of the
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Government of Sikkim Act, 1974, were comprised in Sikkim.
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PART B
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TERMS AND CONDITIONS OF ASSOCIATION OF SIKKIM WITH THE UNION
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2. Responsibilities of the Government of India.-(1) The Government
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of India-
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(a) shall be solely responsible for the defence and territorial
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integrity of Sikkim and for the conduct and regulation of the external
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relations of Sikkim, whether political, economic or financial;
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(b) shall have the exclusive right of constructing, maintaining and
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regulating the use of railways, aerodromes, landing grounds and air
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navigation facilities, posts, telegraphs, telephones and wireless
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installations in Sikkim;
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(c) shall be responsible for securing the economic and social
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development of Sikkim and for ensuring good administration and for the
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maintenance of communal harmony therein;
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(d) shall be responsible for providing facilities for students from
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Sikkim in institutions for higher learning in India and for the
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employment of people from Sikkim in the public service of India
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(including the All-India Services), at par with those available to
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citizens of India;
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(e) shall be responsible for providing facilities for the
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participation and representation of the people of Sikkim in the
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political institutions of India.
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(2) The provisions contained in this paragraph shall not be
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enforceable by any court.
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3. Exercise of certain powers by the President.-The President may, by
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general or special order, provide-
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(a) for the inclusion of the planned development of Sikkim within the
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ambit of the planning authority of India while that authority is
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preparing plans for the economic and social development of India, and
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for appropriately associating officials from Sikkim in such work;
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(b) for the exercise of all or any of the powers vested or sought to
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be vested in the Government of India in or in relation to Sikkim under
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the Government of Sikkim Act, 1974.
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4. Representation in Parliament.-Notwithstanding anything in this
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Constitution-
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(a) there shall be allotted to Sikkim one seat in the Council of
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States and one seat in the House of the People;
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(b) the representative of Sikkim in the Council of States shall be
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elected by the members of the Sikkim Assembly;
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(c) the representative of Sikkim in the House of the People shall be
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chosen by direct election, and for this purpose, the whole of Sikkim
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shall form one parliamentary constituency to be called the
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parliamentary constituency for Sikkim:
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Provided that the representative of Sikkim in the House of the People
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in existence at the commencement of the Constitution (Thirty-fifth
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Amendment) Act, 1974, shall be elected by the members of the Sikkim
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Assembly;
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(d) there shall be one general electoral roll for the parliamentary
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constituency for Sikkim and every person whose name is for the time
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being entered in the electoral roll of any constituency under the
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Government of Sikkim Act, 1974, shall be entitled to be registered in
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the general electoral roll for the parliamentary constituency for
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Sikkim;
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(e) a person shall not be qualified to be the representative of Sikkim
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in the Council of States or the House of the People unless he is also
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qualified to be chosen to fill a seat in the Sikkim Assembly and in
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the case of any such representative-
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(i) clause (a) of article 84 shall apply as if the words "is a citizen
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of India, and" had been omitted therefrom;
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(ii) clause (3) of article 101 shall apply as if sub-clause (a) had
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been omitted therefrom;
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(iii) sub-clause (d) of clause (1) of article 102 shall apply as if
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the words "is not a citizen of India, or" had been omitted therefrom;
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(iv) article 103 shall not apply;
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(f) every representative of Sikkim in the Council of States or in the
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House of the People shall be deemed to be a member of the Council of
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States or the House of the People, as the case may be, for all the
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purposes of this Constitution except as respects the election of the
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President or the Vice-President:
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Provided that in he case of any such representative, clause (2) of
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article 101 shall apply as if for the words "a House of the
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Legislature of a State", in both the places where they occur, and for
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the words "the Legislature of the State", the words "the Sikkim
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Assembly" had been substituted;
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(g) if a representative of Sikkim, being a member of the Council of
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States or the House of the People, becomes subject to any of the
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disqualifications for being a member of the Sikkim Assembly or for
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being the representative of Sikkim in the Council of States or the
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House of the People, his seat as a member of the Council of States or
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the House of the People, as the case may be, shall thereupon become
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vacant;
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(h) if any question arises as to whether a representative of Sikkim,
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being a member of the Council of States or the House of the People,
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has become subject to any of the disqualifications mentioned in clause
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(g) of this paragraph, the question shall be referred for the decision
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of the President and his decision shall be final:
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Provided that before giving any decision on any such question, the
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President shall obtain the opinion of the Election Commission and
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shall act according to such opinion;
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(i) the superintendence, direction and control of the preparation of
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the electoral rolls for the conduct of elections to Parliament under
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this paragraph of the representatives of Sikkim shall be vested in the
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Election Commission and the provisions of clauses (2), (3), (4) and
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(6) of article 324 shall, so far as may be, apply to and in relation
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to all such elections;
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(j) Parliament may, subject to the provisions of this paragraph, from
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time to time by law make provision with respect to all matters
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relating to, or in connection with, such elections to either House of
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Parliament;
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(k) no such election to either House of Parliament shall be called in
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question except by an election petition presented to such authority
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and in such manner as may be provided for by or under any law made by
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Parliament.
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Explanation.-In this paragraph, the expression "the Sikkim Assembly"
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shall mean the Assembly for Sikkim constituted under the Government of
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Sikkim Act, 1974.
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5. Schedule not to derogate from agreements, etc.-The provisions of
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this Schedule shall be in addition to, and not in derogation of, any
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other power, jurisdiction, rights and authority which the Government
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of India has or may have in or in relation to Sikkim under any
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agreement, grant, usage, sufferance or other lawful arrangement.'.
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