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SUMMARY
OF
THE HISTORY OF THE
EVOLUTION OF JUDICIARY IN SIKKIM

I. Administration of Justice during the period of Tribal Chieftainship:
The ancient Sikkim was a habitat of tribal societies. The society functioned without
any formal Government and was marked by absence of formal law. Like any tribal
society in existence at that period of time, they had no written laws. Administration
of justice was the responsibility of the hereditary chief i.e. the headman or chieftain.
The hereditary chief used to perform this function with the help of a council of elders.
Disputes used to be decided in the open before other members of the clan. The
judgments so delivered by the chieftain used to be honoured by the parties and the
society at large. This system of administration of justice continues to this day in
Lachen and Lachung, in Sub-Division, Chungthang of North Sikkim. The village
council locally called “Dzumsha” administers justice in this form.

II. Administration of Justice during the Period of Monarchy:
During the days of monarchy (1642–1975) administration of justice was in the hands
of the King. He was the fountain head of justice. As it is said the King was the
magistrate, monarch and high priest all in one. However, keeping in conformity with
the need of changing times, the King delegated certain judicial powers to Kazis,
Lamas and Thikadars. The powers so delegated were, however, not defined and as
a result, these authorities exercised unlimited judicial powers. It was only in 1906 that
their judicial powers came to be defined by a notification.

III. Administration of Justice during the Post Monarchy and the Present Period:
The most important development of far reaching consequence in the judicial history
of Sikkim that took place with the very beginning of the post monarchy period was
the coming into existence in the State of a judiciary which was separate and
independent of the executive organ of the Govt. The concept of independence of
judiciary which had taken roots in the last phase of monarchy was given full shape
and form. Once the then existing High Court was recognised as the High Court of
Sikkim under the Constitution like any other High Court in the country upon merger
and Sikkim becoming 22 State of India, the immediate next initiative taken by the
nd
then authorities was the enactment of Sikkim Civil Courts Act, 1978 with a view to
consolidate the laws relating to the constitution of Civil Courts subordinate to the
High Court. The Sikkim State Judicial Service Rules, 1975 and Sikkim Superior Judicial
Service Rules, 1980 were then enacted providing for the mode of recruitment and
service of judicial officers, thereby creating a separate cadre of judicial officers in
the State. Besides, the Code of Criminal Procedure, 1973 which provided for bringing
about the separation of judiciary from the executive was extended and enforced in
the State of Sikkim in the year 1994.

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