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Central Court of Sikkim and the presiding officer would be designated
as Judge of the Central Court.
(iii) The High Court of Judicature in Sikkim will remain as High Court and the
presiding officer would continue to be the Chief Justice of Sikkim.
28 November, Tarachand Hariomal, the Chief Magistrate was designated as the Judge of
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1973 the Central Court after re-designating of the courts
1974 The Government of Sikkim Act 1974 enacted in pursuance of the Historic
agreement of 8 May, 1973 between the Chogyal, the leaders of the Political
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parties representation the people of Sikkim and the Government of India
provided in section 31 “All Judges shall be independent in the exercise of
their judicial function and subject only to this act and the laws.”
10.4.1975 Proclamation abolishing the institution of Chogyal.
26.4.1975 The Constitution (Thirty-Sixth Amendment) Act, 1975 was enacted inserting
Article 371F of the Constitution of India providing for special provisions with
respect to the State of Sikkim. It provided that notwithstanding anything in the
Constitution “371F(i) The High Court functioning as such immediately before
the appointed day in the territories comprised in the State of Sikkim shall, on
and from the appointed day, be deemed to be the High Court for the State
of Sikkim; (j) All courts of civil, criminal and revenue jurisdiction, all authorities
and all officers, judicial, executive and ministerial, throughout the territory of
state of Sikkim shall continue on or from the appointed day to exercise their
respective functions subject to the provisions of this Constitution;…….”
13.9.1975 The Adaptation of Sikkim Laws (No.1) Order, 1975 in exercise of powers
conferred by clause (1) of Article 371F of the Constitution under the Second
Schedule omitted section 2, 3 and 5 and sections 9 to 13 of the “High Court
of Judicature (Jurisdiction and Powers) Proclamation of 1955”
Henceforth the High Court of Sikkim would follow the provisions of the
Constitution for its functioning. With the abolishing of the institution of
Chogyal the Maharaja’s prerogative and powers provided in “High Court of
Judicature (Jurisdiction and Powers) Proclamation of 1955” was also
removed.
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