Museum , High Court of Sikkim

 Six Honorary Courts were created at Gangtok, Rhenock, Rangpo, Namchi, Soreng and Geyzing. Both Civil and Criminal Jurisdiction were vested in the Honarary Court. Appeal from the Honorary Court would lie to the Sikkim Chief Court. One review available before the Court of the Dewan. Jurisdiction and procedure were defined. Tashildars to have supervisory power over Honorary Courts and were required to submit report to the Dewan. Revisional powers were given to Sikkim Chief Judge and the Dewan. 90

7TH JUNE, 1953: Justice M.P.Asthana came to Sikkim and assumed charge as Judge,High Court of Judicature at Gangtok. 91

9TH SEPTEMBER, 1954: SIKKIM STATE, HOME DEPARTMENT NOTIFICATION SIGNED BYN.K.RUSTOMJI, I.C.S., DEWAN SIKKIM STATE, BY WHICH IT WAS NOTIFIED THAT CRIMINALAND CIVIL APPEAL FROM COURTS SUBORDINATE TO THE COURT OF THE CHIEFMAGISTRATE WOULD BE FILED IN THE HIGH COURT IN PARTIAL MODIFICATION TOORDER NO S/331 DATED 21ST OCT, 1953. 92

25.9.1954: HONORARY COURTS WAS EMPOWERED TO ISSUE WARRANT OF ARREST WITHBAIL UPTO A MAXIMUM AMOUNT OF RS. 200/-. 93

17.4.1955: HIGH COURT OF JUDICATURE (JURISDICTION AND POWERS)PROCLAMATION OF 1955 ESTABLISHED THE HIGH COURT OF JUDICATURE. 94

H.H. the Maharaja's prerogative of mercy, pardon, remission, commutation,reduction of sentence were retained.H. H. the Maharaja also retained power to set up Special Tribunals to hear review ofcases against the decision of the High Court in special cases. 95

NOTIFICATION DATED 2ND JULY, 1957 VESTED CHIEF MAGISTRATE WITH POWERSTO TRY CASE SUMMARILY. Sikkim State Home Department Notification No. 16/O.S. His Highness the Maharaja of Sikkim has been pleased to vest the ChiefMagistrate with powers to try cases summarily.Gangtok, Sikkim D. Dahdul,2nd July, 1957 Chief Secretary to the Government of Sikkim MAHARAJA KUMAR OF SIKKIM OPENS NAMCHI COURT, WESTERN SIKKIM. (JUNE 1958) 96

23RD SEPTEMBER, 1960: MR. JUSTICE SHIVA KUMAR PRASAD APPOINTED CHIEF JUSTICEOF THE HIGH COURT OF JUDICATURE AT GANGTOK. 97

12TH SEPTEMBER, 1964: SPECIAL TRIBUNAL SET UP BY THE H.H. CHOGYAL APPOINTINGJUSTICE BIJAYESH MUKHERJEE, RAI BAHADUR TASHI DAHDUL DENSAPA, RAI SAHEBBHIM BAHADUR PRADHAN AS MEMBERS TO HEAR AND DECIDE THE REVIEW PETITION OFGOVERNMENT OF SIKKIM AGAINST THE JUDGMENT OF THE SIKKIM HIGH COURT DATED30TH JUNE, 1960 IN TSEWANG LACHUNGPA VERSUS STATE GOVERNMENT. 98

20TH OCTOBER, 1973: SPECIAL TRIBUNAL SET UP BY THE H.H. THE CHOGYAL OF SIKKIMAPPOINTING JUSTICE D.M. SEN, JUDGE OF GUWAHATI HIGH COURT; SONAM TSHERINGAND KASHI RAJ PRADHAN AS MEMBERS. THE SPECIAL TRIBUNAL WOULD HEAR PENDINGMEMORIAL PETITIONS AGAINST JUDGMENTS AND ORDERS OF THE HIGH COURT OFJUDICATURE IN SIKKIM AND SUBMIT ITS RECOMMENDATIONS TO THE CHOGYAL. 99

PHOTOGRAPH OF TASHILING OR SECRETARIATE WHICH HOUSED THE CHIEF COURT ATTHE GROUND FLOOR DURING LATE 1950’S*.N.K.RUSTOMJEE, DEWAN OF SIKKIM ’S COURT PROCEEDING UNDERWAY* *[PHOTO CREDIT: IPR] 100

17TH NOVEMBER, 1973: JUDICIARY REORGANISED IN KEEPING WITH THE PRINCIPLES OFINDEPENDENCE OF JUDICIARY.Re-designation of Courts:1. Lowest Court re-designated as District Court and presiding officer designated as Assistant District Judge or District Judge. Post of Munsif Magistrate was abolished.2. Chief Magistrate was designated as Central Court of Sikkim and presiding officer was designated as Judge of Central Court.3. High Court of Judicature in Sikkim to continue as High Court and the presiding officer to continue as Chief Justice of Sikkim. 101

20TH NOVEMBER, 1973: TARACHAND HARIOMAL, THE CHIEF MAGISTRATE DESIGNATEDAS JUDGE OF THE CENTRAL COURT. 102

THE GOVERNMENT OF SIKKIM ACT, 1974 PURSUANT TO THE HISTORIC AGREEMENT OF8TH MAY, 1973 PROVIDED THAT “ALL JUDGES SHALL BE INDEPENDENT IN THE EXERCISEOF THEIR JUDICIAL FUNCTION AND SUBJECT ONLY TO THIS ACT AND THE LAWS.”(SECTION 31) 103

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30.8.1974: THE CONSTITUTION (THIRTY-FIFTH AMENDMENT) ACT, 1974 CONFERRED ONSIKKIM THE STATUS OF AN ASSOCIATE IN THE INDIAN UNION. THE CONSTITUTION (THIRTY-FIFTH AMENDMENT) ACT, 1974*Statement of Objects and Reasons appended to the Constitution (Thirty-sixth Amendment)Bill, 1974 which was enacted as the Constitution (Thirty-fifth Amendment) Act, 1974 STATEMENT OF OBJECTS AND REASONSIn pursuance of the historic agreement of the 8th May, 1973, between the Chogyal, theleaders of the political parties representing the people of Sikkim and the Government ofIndia and of the unanimous desire of the members of the Sikkim Assembly expressed in themeetings of the Assembly held on the 11th May, 1974, for the progressive realisation of a fullyresponsible Government in Sikkim and for furthering its close relationship with India, the SikkimAssembly considered and passed the Government of Sikkim Bill, 1974 unanimously. TheChogyal promulgated this Bill on the 4th July, 1974 as the Government of Sikkim Act, 1974. Forthe speedy development of Sikkim in the social, economic and political fields, section 30 ofthe Government of Sikkim Act, 1974 empowers the Government of Sikkim, inter alia, to seekparticipation 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 Assemblyresolved unanimously that measures should be taken, amongst other things, for seekingrepresentation 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 hadmade formal requests to the Government of India through the Chief Executive requestingthe Government of India to take such steps as may be legally or constitutionally necessary togive effect to the Government of Sikkim Act, 1974 and the resolutions passed by theAssembly and particularly for providing for representation for the people of Sikkim inParliament.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 providefor the terms and conditions of association to Sikkim with the Union. The terms and conditionsare set out in the Tenth Schedule proposed to be added to the Constitution by clause 5 ofthe Bill. Apart from referring to the responsibilities of the Government of India and the powersof the President in this regard, the Schedule provides for allotment to Sikkim of one seat in theCouncil of States and one seat in the House of the People and for the election of the 110

representatives of Sikkim in the Council of States and the House of the People by themembers of the Sikkim Assembly.NEW DELHI; SWARAN SINGH.The 30th August, 1974.THE CONSTITUTION (THIRTY-FIFTH AMENDMENT) ACT, 1974 [22nd February, 1975.]An Act further to amend the Constitution of India to give effect to the wishes of the peopleof Sikkim for strengthening Indo-Sikkim co-operation and inter-relationship.BE it enacted by Parliament in the Twenty-fifth Year of the Republic of India as follows:-1. Short title and commencement.-(1) This Act may be called the Constitution (Thirty-fifthAmendment) Act, 1974.(2) It shall come into force on such date_667 as the Central Government may, by notificationin the Official Gazette, appoint.2. Insertion of new article 2A.-After article 2 of the Constitution, the following article shall beinserted, namely:-\"2A. Sikkim to be associated with the Union.-Sikkim, which comprises the territories specified inthe Tenth Schedule, shall be associated with the Union on the terms and conditions set out inthat Schedule.\".3. Amendment of article 80.-In article 80 of the Constitution, in clause (1), for the words \"TheCouncil of States\", the words and figure \"Subject to the provisions of paragraph 4 of the TenthSchedule, the Council of States\" shall be substituted.4. Amendment of article 81.-In article 81 of the Constitution, in clause (1), for the words andfigures \"Subject to the provisions of article 331\", the words and figures \"Subject to theprovisions of article 331 and paragraph 4 of the Tenth Schedule\" shall be substituted.5. Addition of Tenth Schedule.-After the Ninth Schedule to the Constitution, the followingSchedule shall be added, namely:-`TENTH SCHEDULE 111

[Articles 2A, 80(1) and 81(1)]PART ATERRITORIES OF SIKKIM1. Sikkim.---Sikkim comprises the following territories, namely:-The territories which, immediately before the coming into force of the Government of SikkimAct, 1974, were comprised in Sikkim.PART BTERMS AND CONDITIONS OF ASSOCIATION OF SIKKIM WITH THE UNION2. Responsibilities of the Government of India.-(1) The Government of India-(a) shall be solely responsible for the defence and territorial integrity of Sikkim and for theconduct and regulation of the external relations of Sikkim, whether political, economic orfinancial;(b) shall have the exclusive right of constructing, maintaining and regulating the use ofrailways, aerodromes, landing grounds and air navigation facilities, posts, telegraphs,telephones and wireless installations in Sikkim;(c) shall be responsible for securing the economic and social development of Sikkim and forensuring good administration and for the maintenance of communal harmony therein;(d) shall be responsible for providing facilities for students from Sikkim in institutions for higherlearning in India and for the employment of people from Sikkim in the public service of India(including the All-India Services), at par with those available to citizens of India;(e) shall be responsible for providing facilities for the participation and representation of thepeople of Sikkim in the political institutions of India.(2) The provisions contained in this paragraph shall not be enforceable by any court.3. Exercise of certain powers by the President.-The President may, by general or special order,provide-(a) for the inclusion of the planned development of Sikkim within the ambit of the planningauthority of India while that authority is preparing plans for the economic and socialdevelopment of India, and for appropriately associating officials from Sikkim in such work;(b) for the exercise of all or any of the powers vested or sought to be vested in theGovernment of India in or in relation to Sikkim under the Government of Sikkim Act, 1974.4. Representation in Parliament.-Notwithstanding anything in this Constitution- 112

(a) there shall be allotted to Sikkim one seat in the Council of States and one seat in theHouse of the People;(b) the representative of Sikkim in the Council of States shall be elected by the members ofthe Sikkim Assembly;(c) the representative of Sikkim in the House of the People shall be chosen by direct election,and for this purpose, the whole of Sikkim shall form one parliamentary constituency to becalled the parliamentary constituency for Sikkim:Provided that the representative of Sikkim in the House of the People in existence at thecommencement of the Constitution (Thirty-fifth Amendment) Act, 1974, shall be elected bythe members of the Sikkim Assembly;(d) there shall be one general electoral roll for the parliamentary constituency for Sikkim andevery person whose name is for the time being entered in the electoral roll of anyconstituency under the Government of Sikkim Act, 1974, shall be entitled to be registered inthe general electoral roll for the parliamentary constituency for Sikkim;(e) a person shall not be qualified to be the representative of Sikkim in the Council of Statesor the House of the People unless he is also qualified to be chosen to fill a seat in the SikkimAssembly and in the case of any such representative-(i) clause (a) of article 84 shall apply as if the words \"is a citizen of India, and\" had beenomitted therefrom;(ii) clause (3) of article 101 shall apply as if sub-clause (a) had been omitted therefrom;(iii) sub-clause (d) of clause (1) of article 102 shall apply as if the words \"is not a citizen ofIndia, or\" had been omitted therefrom;(iv) article 103 shall not apply;(f) every representative of Sikkim in the Council of States or in the House of the People shallbe deemed to be a member of the Council of States or the House of the People, as the casemay be, for all the purposes of this Constitution except as respects the election of thePresident or the Vice-President:Provided that in he case of any such representative, clause (2) of article 101 shall apply as iffor the words \"a House of the Legislature of a State\", in both the places where they occur,and for the words \"the Legislature of the State\", the words \"the Sikkim Assembly\" had beensubstituted;(g) if a representative of Sikkim, being a member of the Council of States or the House of thePeople, becomes subject to any of the disqualifications for being a member of the Sikkim 113

Assembly or for being the representative of Sikkim in the Council of States or the House of thePeople, his seat as a member of the Council of States or the House of the People, as thecase may be, shall thereupon become vacant;(h) if any question arises as to whether a representative of Sikkim, being a member of theCouncil of States or the House of the People, has become subject to any of thedisqualifications mentioned in clause (g) of this paragraph, the question shall be referred forthe decision of the President and his decision shall be final:Provided that before giving any decision on any such question, the President shall obtain theopinion of the Election Commission and shall act according to such opinion;(i) the superintendence, direction and control of the preparation of the electoral rolls for theconduct of elections to Parliament under this paragraph of the representatives of Sikkim shallbe vested in the Election Commission and the provisions of clauses (2), (3), (4) and (6) ofarticle 324 shall, so far as may be, apply to and in relation to all such elections;(j) Parliament may, subject to the provisions of this paragraph, from time to time by law makeprovision with respect to all matters relating to, or in connection with, such elections to eitherHouse of Parliament;(k) no such election to either House of Parliament shall be called in question except by anelection petition presented to such authority and in such manner as may be provided for byor under any law made by Parliament.Explanation.-In this paragraph, the expression \"the Sikkim Assembly\" shall mean the Assemblyfor Sikkim constituted under the Government of Sikkim Act, 1974.5. Schedule not to derogate from agreements, etc.-The provisions of this Schedule shall be inaddition to, and not in derogation of, any other power, jurisdiction, rights and authority whichthe Government of India has or may have in or in relation to Sikkim under any agreement,grant, usage, sufferance or other lawful arrangement.'. *[Source: india.gov.in national portal of india] 114

26TH APRIL, 1975: THE CONSTITUTION (36TH AMENDMENT) ACT, 1975 ENACTED ARTICLE371F OF THE CONSTITUTION OF INDIA PROVIDING FOR SPECIAL PROVISIONS WITHRESPECT TO THE STATE OF SIKKIM.THE HIGH COURT OF JUDICATURE FUNCTIONING IMMEDIATELY BEFORE THE APPOINTEDDAY DEEMED TO BE THE HIGH COURT FOR THE STATE OF SIKKIM 115

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ORDER DATED 14.5.1931PASSED BY JUSTICE RUP NARAYAN OF THE THEN CHIEF COURT. 118

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ORDER DATED 21.9.1941 PASSED BY JUSTICE RUP NARAYAN OF THE THEN CHIEF COURT. 120

ORDER DATED 10.09.1954 PASSED BY JUSTICE M.P.ASTHANA, CHIEF JUSTICE. 121

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ORDER DATED 31.10.1966 PASSED BY JUSTICE S.K.PRASAD, CHIEF JUSTICE OF SIKKIM 123

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OLD COURT SUMMONSSUMMON ISSUED BY THE PRIVATE SECRETARY TO H.H.MAHARAJA OF SIKKIM 126

WARRANT OF ARREST ISSUED BY THE JUDICIAL SECRETARY TO H.H. MAHARAJA OFSIKKIM 127

APPELLATE JURISDICTIONThe word appellate comes from the word ‘Appeal’. Appellate jurisdiction isthe power vested in higher courts to review the decision of lower courts.In Sikkim, the court of Maharaja was the highest court of appeal. Any partydissatisfied with the decision of the Chief Court could approach the Court ofMaharaja.ORDERS PASSED BY H.H.MAHARAJA OF SIKKIM AS THE APPELLATE AUTHORITY 128

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VIEW OF GALLERY III 133

JOHN CLAUDE WHITE (1853 – 1918)J.C.White was the first British Resident Political Officer of Sikkim serving from 1889 to1988. He was born in Calcutta, India. He was an engineer by profession but as aPolitical Officer he was entrusted with political power and the responsibility in briningadministrative changes in Sikkim. He is credited for creation of roads, bridges, landreforms, taxation system and bungalows, as well as the first schools and hospitals. Healso successfully maintained peace at the sensitive Sikkim-Tibetan frontier whichhad witnessed war in 1888. His residence was then called Residency or Burra Kothi(present Raj Bhawan).J.C.White was succeeded by Charles Bell. 134

INSTITUTION OF DZUMSHA 'Dzumsha' is a village council headed by a 'Pepon'. The village headman, elected by adult members drawn from each family for a term of 2 years. The 'Dzumsha' administers Civil and Criminal Justice by applyingcustomary laws. Disputes arising chiefly from theft of garden crops, animals andadultery-related offenses are settled by 'Pepons' and village elders.In the North District of Sikkim (Lachen and Lachung), the system of 'Dzumsha' hasexisted from time immemorial and continues to exist even today. At present, the'Dzumsha' is headed by 2 'Pepons' and 2 'Gyapons'. A member from each familyconstitutes the 'Dzumsha'. Election to 4 posts of 'Dzumsha' is held annually, during theannual 'Dzumsha' meeting called 'Kyaser'. Elders of the villages called as 'Gembo'are consulted by the 'Pepons'.The Sikkim Panchayat Amendment Act, 1995 and 2001 gave recognition to the'Dzumsha' and conferred it the new statutory status of a Gram Panchayat, inaddition to the powers and functions exercised by the 'Dzumsha' under the existingtraditional and customary laws. Painting* depicting Adda Court. Adda Courts were local village Court chaired by Thikadars or Kazis. They were classified into 1st Class, 2nd Class, 3rd Class and 4th Class Magisterial powers. They were later abolished in 1948. *[COURTESY: Mr. Dhiraj Pradhan]135

SOME OF OLD ACTS, NOTIFICATIONS AND CIRCULARS.SIKKIM DEBT LAW, 1910 REGULATED THE RATE OF INTEREST CHARGED BY THEMONEYLENDERS. 136

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NOTIFICATION NO. 6 DATED 22ND JUNE, 1922 AN ACT FOR THE PREVENTION OFCRUELTY TO ANIMALS IN SIKKIM. 138

GANGTOK RENT CONTROL AND EVICTION ACT, 1961 139