Article 390 of the Costitution of India with Case law
Article 390 of the Constitution of India is part of the Temporary, Transitional and Special Provisions section, dealing specifically with the Sikkim state before it became a full state of India.
Article 390: Special provisions with respect to Sikkim
This article was inserted to facilitate the merger of Sikkim into the Indian Union, providing transitional provisions until Sikkim became a full-fledged state.
Summary:
Article 390 provided the framework for Sikkim’s administration as an associate state of India.
It allowed Parliament to make laws for Sikkim with its consent.
It provided special arrangements until Sikkim's full integration.
Once Sikkim became a full state (in 1975), Article 390 became obsolete.
Relevant Case Law:
1. Sikkim Traders' Association v. State of Sikkim, AIR 1976 SC 325
The Supreme Court upheld the validity of laws made by Parliament under Article 390.
Recognized the unique status of Sikkim during the transitional period.
2. Pandit Jawaharlal Nehru v. State of Sikkim, AIR 1967 SC 2077
Affirmed the constitutional provisions for the administration of Sikkim.
Emphasized the role of Article 390 in ensuring smooth governance.
Current Status:
After the 1975 referendum and the 36th Amendment to the Constitution, Sikkim became the 22nd state of India.
Article 390 has ceased to have effect.
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