36th Amendment of the Indian Constitution, 1975

36th Amendment of the Indian Constitution: In 1975, the Chief Minister of Sikkim requested the Indian Parliament to make Sikkim a state of India. After conducting a referendum, where 97.5% of people voted in favor of removing the monarchy, Sikkim officially became the 22nd state of the Indian Union on May 16, 1975. This was done through the 36th Amendment Act 1975 of the Indian Constitution, which added Sikkim’s name to the First Schedule. Since then, Sikkim has celebrated its statehood day on May 16 every year.

What is the 36th Amendment of the Indian Constitution?

The 36th Amendment of the Indian Constitution brought two changes. Sikkim became a full-fledged state of India, and the tenth Schedule was omitted. In Sikkim, a referendum was held, and 97 percent of the people decided to remove the monarchy. Sikkim became the 22nd state of the Indian Union on May 16, 1975.

Historical Background on the 36th Amendment of the Indian Constitution

The historical background and context of the 36th Amendment of the Indian Constitution are as follows:

• Before the 36th Amendment Act of the Constitution of India was passed in 1975, Sikkim was a separate kingdom ruled by the Chogyal, who was the hereditary monarch of the state. 
• Sikkim had a special status within the Indian Union, as it was not a full-fledged state but was instead designated as an associate state. It was a protectorate of India with a special status that allowed it to have its own government and legal system.
• The Chogyal was the hereditary ruler of Sikkim. he had significant powers and was responsible for the administration of the state. He acted against the wishes of the people violated the objectives of the Accord of May 8, 1973, and hindered their democratic development and participation in the political and economic life of India.
• The Sikkim Legislative Assembly therefore unanimously passed a resolution on 10 April 1975, taking note of the continued pernicious activities of the Chogyals, aimed at undermining the responsible democratic government and the government established under the provisions of the Agreement of 8 May 1973.
• An opinion poll conducted by the Government on the 14th of April 1975 resulted in a total of 59,637 votes in favor and 1,496 votes against the Resolution out of a total electorate of approximately 97,000.
• Opinion poll results showed that a majority of Sikkim’s population wanted to join India. This led to the 36th Amendment Act of 1975.

Key Provisions of 36th Amendment of the Indian Constitution

Here are the important provisions of the 36th Amendment of Indian Constitution:

• The 36th Amendment Act, of 1975  proposed to include Sikkim as a full-fledged State in the First Schedule to the Constitution.
• Allot one seat in the Council of States and one seat in the House of the People to Sikkim.
• It is also proposed to insert a new article containing the provisions considered necessary to meet the special circumstances and needs of Sikkim So that there is no threat to their culture and identity.

Features of the 36th Amendment of the Indian Constitution

36th Amendment of Indian Constitution included Sikkim as an Indian State. Here are some features of the Act:

• 36th Amendment Act amended the First Schedule of the Constitution of India to include Sikkim as a state of India.
• This act abolished the office of the Chogyal who was the hereditary ruler of Sikkim and the Chogyal was replaced by a Governor appointed by the President of India.
• The act provided for the establishment of a legislative assembly in Sikkim.
• The amendment proposes to allot Sikkim one seat in the Council of States and one seat in the House of the People.

Significance of 36th Amendment of the Indian Constitution

The importance and significance of 36th Amendment of Indian Constitution is given below:

• The act brought Sikkim under the jurisdiction of the Indian Constitution, legal system, and administrative structure thereby integrating it fully into the Indian Union.
• The Act abolished the office of Chogyal and established a democratic system of government in Sikkim with a Governor appointed by the President of India and a Legislative Assembly consisting of elected members.
• This amendment Act ensures that the people of Sikkim will be able to maintain their distinct identity within the Indian Union.
• The amendment act was seen as a move towards centralization of power in the hands of the executive, at the expense of the states. It strengthened the power of the central government and curtailed the autonomy of the states.

Challenges of 36th Amendment of the Indian Constitution

The challenges faced by 36th Amendment of Indian Constitution are as follows:

• Some political parties in Sikkim boycotted the special opinion poll and accused the Chogyal of rigging the results. 
• The opposition parties argued that the special opinion poll was not free and fair and that it did not accurately reflect the will of the people of Sikkim.
• Some people believed that the coming of this amendment could threaten their culture and identity but the special opinion polls result showed that a majority of Sikkim’s population wanted to join India. This led to the 36th Amendment Act of 1975.

Conclusion – 36th Amendment of the Indian Constitution

The 36th Amendment Act of 1975 played a crucial role in integrating Sikkim as the 22nd state of the Indian Union. Before this amendment, Sikkim was a separate kingdom with a unique status. The amendment resulted from the desire of Sikkim’s people to join India, expressed through a referendum where an overwhelming majority favored statehood. This amendment abolished the office of the Chogyal, the hereditary ruler, and replaced it with a democratic system. It added Sikkim to the First Schedule of the Indian Constitution, allotting seats in the Council of States and the House of the People. The amendment aimed to ensure effective governance, avoid conflicts of interest, and uphold the federal system. While it successfully integrated Sikkim into India, challenges included accusations of a rigged referendum. Overall, the amendment marked a significant step in Sikkim’s history, aligning it more closely with the Indian constitutional framework.

FAQs on 36th Amendment of the Indian Constitution

1. Which Indian Prime Minister was in power when the 36th Amendment Act, of 1975 was passed?           

Former Prime Minister Jawaharlal Nehru was in power when the 36th Amendment Act, of 1975 was passed.

2. What was the purpose of the 36th Amendment Act, of 1975?                                                                   

The purpose of the 36th Amendment Act is to make Sikkim a full-fledged state of India. 

3. What were the Objectives of the Agreement of May 8, 1973?

• Strengthen the ties between Sikkim and India and bring the two closer together.
• Promote economic development in Sikkim by providing financial and other forms of assistance from the Indian government.
• The agreement recognized the unique cultural and traditional heritage of Sikkim and aimed to preserve and protect it.

4. When was the 36th Amendment Act passed by the Parliament?

The Act was passed by the Indian Parliament on April 30, 1975, and it came into effect on May 15, 1975.