Sikkim: No violation of Article 371F , clause 4 and 5 of Finance Act 2023 only for IT exemption, says CM Tamang

Sikkim chief minister Prem Singh Tamang on April 11 stated that no clause of Article 371F has been violated and clause 4 and 5 of Finance Act 2023 is only for IT exemption.

Justifying this, CM Prem Singh Tamang in a special assembly session presented a legal opinion by Tushar Mehta, Solicitor General of India wherein was contended that the Constitution of India specifically protects the agreements and treaty as signed before the 26th April 1975 to which the Union of India had been party before 26th April 1975 when the Article 371F of the Constitution of India came into existence. 

Further, clause (m) of Article 371F of the Constitution of India reads as follows, "Neither the Supreme Court nor any other Court shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day and to which the Government of India or any of its predecessor Governments was a party, but nothing in this clause shall be construed to derogate from the provisions of article 143".

“In light of the above, Article 371F of the Constitution of India is protected from judicial and executive intervention, and therefore it is sacrosanct to the People of Sikkim forever”, added CM Tamang.

During the session, CM also said there are no violations of article 371 F and few are playing politics over it, as the government is also concerned about our rights and we are Sikkimese and don't want any violations of the said article at any cost and believe us there is no violation. We have consulted top lawyers and legal experts and all have said there are no violations of Article 371 F.

Also read : Sikkim: Congress party to protest against conviction of Rahul Gandhi and safeguard Article 371 F in the state