Kingdom of Sikkim, Constitution I

Preamble

• We, Palden Thondup Namgyal, Chogyal of the Kingdom of Sikkim, promulgate this Constitution with the assent of Our National Assembly, on the 5th day of October, One Thousand Nine Hundred and Seventy.

Part I - Rights of the people

Article 1. Equality under the Law

1. There shall be but one law in Sikkim for both Sikkimese and non-Sikkimese.
2. No laws shall be enacted for one class and not for another class but the law shall be the same for all the people of this land.

Article 2. Freedoms

§1 Declaration of freedom

1. According to the Dharma, all people should be free. Therefore shall the people of Sikkim and all who sojourn or may sojourn in this Rajadom be free for ever.
2. All citizens may use their lives and persons and time to acquire and possess property and to dispose of their labor and the fruit of their hands and to use their own property as they will.
3. No person shall serve another against his will except he be undergoing punishment by law.
4. Any slave who may escape from a foreign country to Sikkim (unless he be escaping from justice being guilty of homicide or larceny or any great crime or involved in debt) shall be free from the moment he sets foot in the Rajadom for no person shall be in servitude under the protection of the Chogyal of Sikkim.

§2 Freedom of worship

1. Buddhism of the Nyingma tradition is the state religion of the Kingdom of Sikkim.
2. All people are free to practice their religion and to worship as they may deem fit in accordance with the dictates of their own consciences.
3. All people may peacefully assemble for religious service in such places as they may appoint.
4. Those who are not of the Buddhist faith shall not be subject to the payment of any taxes levied by the Government for the support of the Buddhist monasteries.
5. It shall not be lawful to use this freedom to commit evil and licentious acts or under the name of worship to do what is contrary to the law and peace of the land.

§3 Freedom of the press

1. It shall be lawful for all people to speak, write and print their opinions and no law shall ever be enacted to restrict this liberty.
2. There shall be freedom of speech and of the press forever, but nothing in this clause shall be held to outweigh the law of slander or the laws for the protection of the Chogyal and the Royal Family.

§4 Freedom of petition

1. All people shall be free to send letters or petitions to the Chogyal or Gyelyong Tshogdu (National Assembly).
2. They shall be free to meet and consult concerning matters about which they think it right to petition the Chogyal or ???Legislative Assembly to pass or repeal enactments provided that they meet peaceably without arms and without disorder.

§5 Freedom of foreign laborers

1. Whoever may wish to bring into the Kingdom laborers from other nations shall make an agreement with them for the number of years they will work for him.
2. A copy of the written agreement shall be deposited in the Public Offices stating the amount of payment they shall receive, the period they shall work, and a guarantee to return them to their own land.
3. The Government shall cause such contract to be carried out both on behalf of those who engage and those who are engaged.
4. Such laborers being so introduced shall be subject to the same laws, shall enjoy the same freedoms, and shall pay the same duties, taxes, and tariffs ordained by the Chogyal and his Lhengye Zhungtshog as the citizens of the Kingdom.

Article 3. Legal rights

§1 Writ of Habeas Corpus

• The law of the writ of Habeas Corpus shall apply to all people and it shall never be suspended excepting in the case of war or rebellion in the Kingdom when it shall be lawful for the Chogyal to suspend it.

§2 Obligation of trial

• No one shall be punished because of any offence he may have committed until he has been sentenced according to law before a Court having jurisdiction in the case.

§3 Procedure on indictment

1. No one shall be tried or summoned to appear before any court or punished for failing to appear unless he have first received a written indictment (except in cases of impeachment or for small offences within the jurisdiction of the magistrate or for contempt of court while the court is sitting).
2. Such written indictment shall clearly state the offence charged against him and the grounds for the charge.
3. At his trial the witnesses against him shall be brought face to face with him (except according to law) and he shall hear their evidence and shall be allowed to question them and to bring forward any witness of his own and to make his own statement regarding the charge preferred against him.
4. But whoever shall be indicted for any offence if he shall so elect shall be tried by jury and this law shall never be repealed. And all claims for large amounts shall be decided by a jury and the Gyelyong Tshogdu shall determine what shall be the amount of claim that may be decided without a jury.

§4 Double jeopardy

1. No one shall be tried again for any offence for which he has already been tried whether he was acquitted or convicted except in cases where the accused shall confess after having been acquitted by the court and when there is sufficient evidence to prove the truth of his confession.

§5 Alteration of charge

• No one shall be tried on any charge but that which appears in the indictment, summons or warrant and for which he was brought to trial, save and except that:

1. where the complete commission of the offence charged is not proved but the evidence establishes an attempt to commit that offence the accused may be convicted of this attempt and punished accordingly; and
2. where an attempt to commit an offence is charged but the evidence establishes the commission of the full offence the accused may be convicted of the attempt; and
3. on the trial of any person for embezzlement the jury shall be at liberty to find such person not guilty of embezzlement but guilty of larceny and on the trial of any person for larceny the jury shall be at liberty to find such person guilty of embezzlement.

§6 Fair trial

• No one shall be intimidated into giving evidence against himself nor shall the life or property or liberty of anyone be taken away except according to law.

§7 Unbiased court

1. It shall not be lawful for any drangpon to adjudicate or for any juryman to sit in any case in which one of his relations is concerned either as a plaintiff, defendant, or witness.
2. Nor shall any drangpon sit in any case which concerns himself.
3. Nor shall any drangpon or juryman on any pretence receive any present or money or anything else from anyone who is about to be tried nor from any of the defendant's friends but all drangpons and jurymen shall be entirely free and shall in no case whatever be interested or biased on the discharge of their duties.

§8 Retrospective laws

• It shall not be lawful to enact any retrospective laws in so far as they may curtail or take away or affect rights or privileges existing at the time of the passing of such laws.

Article 4. Other rights.

§1 Inviolability of premises

1. It shall not be lawful for anyone to enter forcibly the houses or premises of another or to search for anything or to take the property of another except according to law.
2. Should any person lose any property and believe it to be concealed in any place whether house or premises it shall be lawful for him to make an affidavit before a magistrate that he believes it to be concealed in that place and he shall describe particularly the property so concealed and the place in which he believes it to be concealed and the drangpon (magistrate) shall issue a search warrant to the police to search for the property according to the affidavit so made.

§2 Impartiality of Government

• The Chogyal shall govern on behalf of all his people and not so as to enrich or benefit any one person or any one family or any one class but without partiality for the good of all the people of his Rajadom.

§3 Compensation for property taken

1. All the people have the right to expect that the Government will protect their life, their liberty, and their property.
2. Therefore it is right for all the people to support and contribute to the Government according to law.
3. If at any time there should be a war in the Kingdom and the Government should take the property of anyone, the Government shall pay the fair value of such property to the owner.
4. If the Gyelyong Tshogdu shall resolve to take from any person or persons their premises or a part of their premises or their houses for the purpose of making roads or other work of benefit to the people of the Kingdom, the Government shall pay the fair value.

§4 Army subject to civil law

1. Every soldier shall be subject to the laws of the Kingdom whether he belong to the Royal Guards or to the Militia.
2. Any soldier who breaks the law of the Rajadom shall be tried in the courts as would any other person.
3. It shall not be lawful for any officer to quarter any soldier upon the premises of anyone except in time of war and then only as may be resolved by the Gyelyong Tshogdu.

§5 Royal Guards and Militia

1. The Royal Guards shall have the right to vote for representatives to the Gyelyong Tshogdu although they are exempt from taxes in accordance with the provisions of this Constitution.
2. It shall be lawful for the Chogyal to command any taxpayer to join the militia for the purpose of instruction or for parade on public occasions should he think fit and also in time of war to call out all those capable of bearing arms and to make orders and regulations for their control and provisioning.

§6 Disabilities of convict

1. No person, having been convicted of a criminal offence punishable by imprisonment for more than two years, shall hold any office under the Government whether of emolument or honor.
2. Nor shall he be qualified to vote for nor to be elected a representative of the Gyelyong Tshogdu unless he has received from the Chogyal a pardon together with a declaration that he is freed from the disabilities to which he would otherwise be subject under the provisions of this clause.

§7 Public officer not to engage in trade

1. It shall not be lawful for anyone holding any office under the Government, whether of emolument or otherwise, to hold any appointment under or receive an emolument from another Government without first obtaining permission from the Chogyal.
2. It shall not be lawful for anyone holding an office of emolument under the Government to engage in trade or work for anyone else, except with the prior consent of the Gyal Then Tshokdey.

§8 Qualifications for jurors

1. Every Sikkimese who has arrived at the age of twenty-one years and is not disabled by the twenty-third clause of this Constitution shall be liable to serve on juries.
2. The names of all those who are liable to serve shall be published once every year and anyone who neglects to serve shall be punished as shall be enacted by the Gyelyong Tshogdu.
3. Members of the Gyelyong Tshogdu, ministers of religion, teachers, students, public servants, guardsmen, and all officials of the Government shall be exempt from serving on juries. All but the members of the Gyelyong Tshogdu may exclude themselves from this exemption when they so choose.

§9 Naturalization

1. Any foreigner, after he has resided in the Rajadom for at least five years may, with the consent of the Chogyal, take the oath of allegiance and be granted Letters of Naturalization.
2. All naturalized subjects shall have the same rights and privileges as native-born citizens of the Rajadom.

Part II – The Throne

Article 5. Succession to the Throne

§1 Right of Succession

1. The right to the Crown and the Throne of this Kingdom and to the title of Chogyal belong to the legitimate descendants of the Chogyal Phuntsog Namgyal.
2. The Crown and the Throne shall descend in accordance with the following law of succession:
3. It shall be lawful only for those born in marriage to succeed.
4. The succession shall be to the eldest male child and the heirs of his body.
5. If he should have no children, then the succession descends to the second male child and the heirs of his body and so on until all the male line shall be ended.
6. Should there be no male child, the eldest female child shall succeed and the heirs of her body; should she have no children, it shall descend to the second female child and the heirs of her body until the female line is ended.
7. If there should be no lawful heir the Chogyal shall appoint his heir, with the advice and consent of the Gyal Then Tshokdey; he shall be publicly declared heir to the Crown and the Throne during the Chogyal's life.
8. Should there be no heir to the Crown or successor who has been so publicly proclaimed, the Prime Minister or in his absence the Gyal Then Tshokdey shall convoke the Gyelyong Tshogdu who shall meet and choose by ballot some other worthy male person whom they wish to succeed as Chogyal. He shall succeed as the first of a new dynasty and he and the legitimate heirs of his body shall possess the Crown and the Throne according to law.

§2 Ineligibility to succeed

1. No person shall succeed to the Crown and the Throne of Sikkim who is judged by the competent authority to be mentally or physically unable to bear the burden.
2. No person shall succeed to the Crown of Sikkim who has been found guilty of a felony.
3. Any person lineally or collaterally related to the Chogyal more than ten degrees, who is married at the time of the vacancy to the Crown and the Throne and who has married without the permission of the Chogyal, shall be ineligible to succeed.

§3 Coronation oath

• The following oath shall be taken by those who shall succeed to the throne: “I solemnly swear by the Buddha and the Dharma to keep in its integrity the Tsa Thrim Chhenmo of Sikkim and to govern in conformity with the laws thereof.”

§4 Marriage of the Heir Apparent

1. It shall not be lawful for any member of the Royal Family who is likely to succeed to the throne to marry any person without the consent of the Chogyal.
2. If any person should thus marry, the marriage shall not be considered legal and it shall be lawful for the Chogyal to cancel the right of such person and his heirs to succeed to the Crown and the Throne of Sikkim.
3. The next person in succession to him who so marries shall be declared the heir and the offender shall be regarded as dead.
4. The expression “any member of the Royal Family who is likely to succeed to the throne” in the preceding clause shall be construed to include all persons born in lawful marriage and related by descent either lineally or collaterally to the Chogyal, but not more than ten degrees removed from the Chogyal.

Article 6. Royal property

1. The lands and the property of the Chogyal are his to dispose of as he pleases.
2. The Government shall not touch them nor shall they be liable for any Government debt.#
3. The houses built for him by the Government and any inheritances which may be given to him as Chogyal shall descend to his successors as the property and inheritance of the Royal House.

Article 7. Chogyal exempt from action

• It shall not be lawful to sue the Chogyal in any court for a debt without the consent of the Lhengye Zhungtshog.

Article 8. Regent

1. Should the Chogyal die before his heir is eighteen years of age, a Regent shall be appointed in accordance with the forty-third clause.
2. Should the Chogyal wish to travel abroad it shall be lawful for him to appoint a Regent who shall administer the affairs of the Rajadom during his absence.
3. If the Chogyal should die while his heir is not yet arrived at the age of eighteen years and he has not declared in his will his wishes regarding a Regent during his heir's minority, the Prime Minister shall at once convoke the Gyelyong Tshogdu and they shall choose by ballot a Regent who shall administer the affairs of the Rajadom in the name of the Chogyal until the heir shall have attained his majority.

Part III - The Government

Article 9. Branches of Government

1. The form of Government for this Rajadom is a Constitutional Government under His Majesty Chogyal Wangchuk Namgyal and his heirs and successors.
2. The Government of this Rajadom consists of three Branches:
   1. The Executive Branch;
   2. The Legislative Branch; and
   3. The Judicial Branch.

Article 10. The Executive Branch

1. The person of the Chogyal is sacred. He governs the country but ministers are responsible.
2. The executive power of the State shall be vested in the Chogyal and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution.
3. The Chogyal is the Commander-in-Chief of the armed forces. He shall appoint all officers and make such regulations for the training and control of the forces as he may think best for the welfare of the Rajadom.
4. It shall not be lawful for the Chogyal to make war without the consent of the Gyelyong Tshogdu.
5. It shall be lawful for the Chogyal, with the consent of the Gyal Then Tshokdey, to pardon any person who has been convicted of a breach of law, or to remit or mitigate any sentence, or any part of any sentence, imposed by any court for a breach of law.
6. He shall not pardon any person convicted of maladministration in accordance with the ???fifty-first clause. It shall not be lawful to pardon any person convicted of this offence.
7. The Chogyal may convoke the Gyelyong Tshogdu at any time and may dissolve it at his pleasure and command that new dzongpons be elected to enter the Gyelyong Tshogdu.
8. It shall be lawful for the Chogyal to make treaties with Foreign States provided that such treaties shall be in accordance with the laws of the Rajadom.
9. The Chogyal may receive Foreign Ministers and appoint his representatives to other nations according to the custom of nations.
10. It shall not be lawful for the Chogyal to alter the customs duties without the consent of the Gyelyong Tshogdu.
11. The Chogyal may address the Gyelyong Tshogdu in writing regarding the affairs of the Kingdom and matters which he may wish to bring before the Gyelyong Tshogdu for deliberation.
12. All Acts that have passed the Gyelyong Tshogdu must bear the Chogyal's signature before they become law.
13. It is the Chogyal's prerogative to give titles of honor and to confer honorable distinctions but it shall not be lawful for him to deprive anyone who has an hereditary title of his title, except in cases of treason.
14. If anyone shall be tried and found guilty of treason, the Chogyal shall appoint a member of that family to succeed to the name and inheritance of the guilty person.
15. It is the prerogative of the Chogyal with the advice of his Lhengye Zhungtshog to decree the coinage which shall be legal tender and the stamps which shall be valid in the Rajadom and to make regulations for the coining of money and the printing of stamps.
16. In the event of civil war or war with a foreign state it shall be lawful for the Chogyal to proclaim martial law over any part or over the whole of the country.

Article 11. The Privy Council

1. The Chogyal shall appoint a Gyal Then Tshogdey (Privy Council) to assist him in the discharge of his important functions.
2. The Gyal Then Tshogdey shall be composed of two members of the Lenghye Zhungtshog chosen by them from among them, one tsonglop (governor) chosen by them from among them, the Je Khenpo, and any others whom the Chogyal shall see fit to call.
3. If any case shall have been heard in the Supreme Court it shall be lawful for either party thereto to appeal to the Gyal Then Tshogdey which shall rehear the case and the judgment of the Gyal Then Tshogdey shall in all cases be final provided that it shall not be lawful for the Gyal Then Tshogdey to retry any criminal case but only to advise the Chogyal on the remission or mitigation of sentences.
4. No Ordinance which may be passed by the Chogyal and Gyal Then Tshogdey shall have any effect until the signature of the minister to whose department such Ordinance relates is affixed thereto.
5. If such Ordinance shall be illegal such minister alone shall be responsible and when the Gyelyong Tshogdu shall meet it may confirm such Ordinances and make them law or rescind them.

Article 12. The Cabinet

§1 Constitution and powers of Cabinet

1. The Lhengye Zhungtshhog (Cabinet) of the Chogyal shall consist of the Lonchen (Prime Minister), the Lyonpo of Foreign Affairs, the Lyonpo of Internal Affairs, the Lyonpo of Defense, the Lyonpo of Finance and any other lyonpos whom His Majesty may be pleased to appoint.
2. It is the Chogyal's prerogative to appoint the lyonpos and they shall hold office during the Chogyal's pleasure or for such period as may be specified in their commissions.
3. It is not permitted that any one lyonpo may hold two or more offices.
4. It shall be lawful to impeach the lyonpos before the Gyelyong Tshogdu if their administration is not in accordance with law.
5. Each lyonpo shall draw up a report once every year acquainting the Chogyal with the affairs of his department.
6. Such reports shall be forwarded by the Chogyal to the Geylong Tshogdu at its next meeting.
7. If the Gyelyong Tshogdu shall wish to know anything concerning the department of any lyonpo that lyonpo shall answer all questions put to him by the Gyelyong Tshogdu and report everything in connection with his department.

§2 Duties of lyonpos

1. Each lyonpo of the Lhengye Zhungtshhog shall have an office in Jomsom.
2. He shall satisfy himself that all the subordinates in his department faithfully perform their duties.
3. The Government shall provide and maintain offices suitable for the work of each lyonpo.

Article 13. Governors

§1 Appointment of governors

• The Chogyal with the consent of the Lengye Zhungtshog shall appoint Tsonglops (governors) to the Dzongdeys (Provinces).

§2 Powers of governors

1. It shall not be lawful for a Tsonglop to enact any law but he shall be responsible that the law is enforced in his Dzongdey.
2. If the administration of any Tsonglop be contrary to law it shall be lawful to impeach him in the Gyelyong Tshogdu.

Article 14. The National Assembly

But it shall not be lawful for the Rajadom to remain without a meeting of the Gyelyong Tshogdu for a longer period than one year. The Gyelyong Tshogdu shall always meet at Jomsom and at no other place except in time of war.

Article 51. Power of ???Legislative Assembly

• The Chogyal and the ???Legislative Assembly shall have power to enact laws, and the representatives of the people shall sit as one House.
• When the ???Legislative Assembly shall have agreed upon any Bill which has been read and voted for by a majority, it shall be presented to the Chogyal for his sanction and after receiving his sanction and signature it shall become law upon publication.

Article 52. Sessions

• The ???Legislative Assembly shall meet at least once in every twelve calendar months but it shall be lawful to summon the same at any time.

Article 53. Composition

• The ???Legislative Assembly shall be composed of the Privy Councillors, the Cabinet ministers, and the representatives of the people.

Article 54. Representative members

• There shall be elected by the people of the Rajadom duly qualified five representatives from each ‘’dzongdey’’.

Article 55. Speaker

• The Chogyal shall appoint the Speaker of the Assembly.
• All other officers shall be appointed by the Assembly.

Article 56. Rules of procedure

• The Assembly shall make its own rules of procedure for the conduct of its meetings.

Article 57. Qualification of electors

• Every Sikkim subject of twenty-one years of age or more who is not disabled by the ???twenty-third clause shall be entitled to vote in an election for representatives of the people to the ???Legislative Assembly.
• On the day appointed for election voters shall be exempt from summons for debt.

Article 58. Qualification of representatives

• Representatives of the people shall be chosen by ballot.
• Any person who is qualified to be an elector may be chosen as a representative, save that no person may be chosen against whom an order has been made in any Court in the Rajadom for the payment of a specific sum of money, the whole or any part of which remains outstanding or, if ordered to pay by installments, the whole or any part of such installments remain outstanding on the day on which such person submits his nomination paper to the Returning Officer.
• No person holding an office of emolument under the Crown shall enter the ???Legislative Assembly, except the Ministers, and the Governors.

Article 59. Threats and bribery

• Any person elected as a representative who shall be proved to the satisfaction of the ???Legislative Assembly to have used threats or offered bribes for the purpose of persuading any person to vote for him shall be unseated by the ???Legislative Assembly.

Article 60. Privilege of Privy Council

• It shall be lawful for only the Privy Council of the ???Legislative Assembly to discuss or vote upon laws relating to the Chogyal or the Royal Family.
• After any such bill has been passed by a majority, it shall be submitted to the Chogyal for his sanction.

Article 61. Chogyal's veto precludes discussion

• Should the Chogyal withhold his sanction from any law passed by the ???Legislative Assembly and submitted to him for approval it shall be unlawful for the ???Legislative Assembly again to discuss such law until the following session.

Article 62. Quorum

• It shall be lawful for the ???Legislative Assembly to pass judgment upon its members for their acts or conduct as members of the ???Legislative Assembly and although all the members may not be present it shall be lawful for the ???Legislative Assembly to discuss and pass laws and transact business should one-half of its members be present.
• Should there be less than one-half present, the ???Legislative Assembly shall stand adjourned to another day.
• If at such adjourned meeting there should be still less than half the members present it shall be lawful for the Chogyal or the Speaker of the Assembly to command the presence of all the members.
• If any fail to attend on such command it shall be lawful to inflict punishment for such disobedience such punishment to be determined by the ???Legislative Assembly.

Article 63. Contempt of Assembly punishable

• If anyone shall speak or act disrespectfully in the presence of the ???Legislative Assembly it shall be lawful to imprison him for thirty days.
• Whoever shall publish any libel on the ???Legislative Assembly, or threaten any member or his property, or rescue any person whose arrest has been ordered by the Legislative Assembly, may be imprisoned for not exceeding thirty days.

Article 64. Journal

• A journal of the proceedings of the ???Legislative Assembly shall be kept and the votes of each member present for and against every motion or resolution shall be recorded in the journal.

Article 65. Immunity from arrest

• The members of the ???Legislative Assembly shall be free from arrest and judgment while it is sitting except for indictable offenses.
• No member of the House shall be liable for anything he may have said or published in the ???Legislative Assembly.

Article 66. Resignation

• Any representative who may wish to resign his seat in the ???Legislative Assembly may tender his resignation in writing to the Speaker and his connection with the ???Legislative Assembly shall cease when he tenders his resignation.

Article 67. Impeachment

• It shall be lawful for the members of the ???Legislative Assembly to impeach any Privy Councillor, Minister, Governor, or Judge for any of the following offences:
  • Breach of the laws or the resolutions of the ???Legislative Assembly,
  • maladministration,
  • incompetency,
  • destruction or embezzlement of Government property, or
  • the performance of acts which may lead to difficulties between the Rajadom and another country.
• The impeached person shall be given a copy of the accusation in writing seven days before the day of the trial.
• The trial shall be conducted in accordance with the eleventh clause.
• The Chief Justice shall preside but if the Chief Justice is impeached the Chogyal shall appoint some other member of the Assembly to preside.
• After the witnesses have been heard the impeached person shall withdraw and the Assembly shall consider their decision and upon a decision being made he shall be brought before the Assembly and the decision announced to him.
• If he be found guilty it shall be lawful to dismiss him from office but if acquitted it shall not be lawful to impeach him again on the same charge as is provided in the twelfth clause.

Article 68. Bye-elections

• Upon the death or resignation of any representative the Speaker shall immediately command that the electors of the district which he represented shall elect a representative in his place.
• The ???Legislative Assembly shall have the power to sit and act although its number be not complete.

Article 69. General elections

• New elections shall be held for all the representatives at least once every three years.
• It shall be lawful for the Chogyal at his pleasure to dissolve the ???Legislative Assembly although three years from the last election may not have expired and to command that new elections be held according to law throughout the Rajadom.

Article 70. Assembly to assess taxation

• The ???Legislative Assembly shall assess the amount of taxes to be paid by the people and the customs duties and fees for trading licences and shall pass the estimates of expenditure for the Public Service in accordance with the nineteenth clause.
• Upon the report of the Minister of Finance of the expenditure and revenue received during the year succeeding the last meeting of the Assembly, the ???Legislative Assembly shall determine the estimates for the expenditure of the Government until the next meeting of the ???Legislative Assembly.
• The ministers shall be guided by the estimates of public expenditure so authorized by the ???Legislative Assembly.

Article 71. Enacting formula

• The formula for enacting laws shall be “Be it enacted by the Chogyal and the ???Legislative Assembly of Sikkim as follows:”.

Article 72. Laws to cover but one subject

• To avoid confusion in the making of laws every law shall embrace but one subject which shall be expressed by its title.

Article 73. Chief Justice may suspend laws

• The present law shall be in force until repealed by the ???Legislative Assembly excepting such laws as are at variance with this Constitution.
• It shall be lawful for the Chief Justice to suspend the operation of any law passed by the ???Legislative Assembly or Privy Council which is at variance with the Constitution until the next meeting of the ???Legislative Assembly.
• The Chief Justice shall inform the Chogyal whenever he suspends the operation of any law.

Article 74. Oaths of Councillors and Representatives

• The following oath shall be taken by the members of the Privy Council: “I solemnly swear by the ??? that I will be truly loyal to His Majesty Chogyal Wangchuk, the rightful Chogyal of Sikkim, and that I will keep righteously and perfectly the Constitution of Sikkim and assist to the end of my power and ability in all things in connection with the Privy Council”.
• The following oath shall be taken by the ministers: “I solemnly swear by the ??? that I will be truly loyal to His Majesty Chogyal Wangchuk, the rightful Chogyal of Sikkim, and that I will keep righteously and perfectly the Constitution of Sikkim and discharge the duties of my department to the end of my ability for the benefit of the Chogyal and his Government”.
• The following oath shall be taken by the nobles and representatives of the people: “I solemnly swear by the ??? that I will be truly loyal to His Majesty Chogyal Wangchuk, the rightful Chogyal of Sikkim, and that I will righteously and perfectly conform to and keep the Constitution of Sikkim and zealously discharge my duties as a member of the Legislative Assembly”.
• The members of the Privy Council shall sign their names to the oath and read it in the presence of the Chogyal.
• The ministers shall sign their names to the oath and read it in the presence of the Chogyal.
• The representatives shall sign their names to the oath and read it in the presence of the Legislative Assembly.

Article 15. The Judiciary

Article 75. The Courts

• The judicial power of the Kingdom shall be vested in the Court of Appeal, the Supreme Court, the Magistrate's Court which shall render judgments in the name of His Majesty, the Chogyal.

Article 76. The Court of Appeal

• The Court of Appeal shall consist of the Chief Justice of Sikkim and of such other judges as may be appointed from time to time by the Chogyal with the consent of Privy Council.
• No person shall be appointed unless:
  • he holds, or has held, high judicial office; or
  • he has been qualified so to practice for not less than ten years.

Article 77. The Supreme Court

• The Supreme Court shall consist of a judge called the Chief Justice, and such other judges as may be appointed from time to time by the Chogyal with the consent of the Privy Council, sitting with or without a jury.

Article 78. Judges to hold office during good behaviour

• The judges shall hold office during good behaviour and shall receive such salaries as the ???Legislative Assembly may determine.
• The ???Legislative Assembly may increase but shall not decrease such salaries during their Tenure of office.
• It shall be lawful to appoint Judges of the Court of Appeal for limited periods, or for the purposes of a particular sitting of the Court of Appeal, or of particular proceedings to come before the Court, on such terms as to salary, or other remuneration, as may be approved by the Chogyal with the consent of Privy Council.

Article 79. Acting Judge

• It shall be lawful for the Prime Minister with the consent of the Cabinet in the name of and on behalf of His Majesty, at any time during the illness or absence of any judge, or for any other temporary purpose to appoint an acting judge for the period during which the judge is ill or absent or for the period necessary to effect the temporary purpose.
• An acting judge shall have the jurisdiction and powers of, and may exercise all the authorities which are vested in or may be exercised by a judge and shall be paid such salary as may be determined by Cabinet.

Article 80. Powers

• The judges shall have power to direct the form of indictments to control the procedure of the lower Courts, and to make rules of procedure.

Article 81. Jurisdiction of Supreme Court

• The Supreme Court shall have jurisdiction in all cases in Law and Equity arising under the Constitution and Laws of the Kingdom and in all matters concerning Treaties with Foreign States and Ministers and Consuls and in all cases affecting Public Ministers and Consuls.

Article 82. Appeals from Supreme Court

• Subject to the provisions of any Act of the ???Legislative Assembly relating to appeals to the Court of Appeal, a party to any proceedings in the Supreme Court who is aggrieved by a decision given in those proceedings by that Court, or a judge thereof, sitting in first instance, may appeal to the Court of Appeal against such decision.
• Except as may be provided by any Act of the ???Legislative Assembly, or by rules in respect of limited classes of appeals, no appeal shall be finally determined by less than three members of the Court of Appeal.

Article 83. Jurisdiction of Court of Appeal

• The Court of Appeal shall have exclusive power and jurisdiction to hear and determine all appeals which by virtue of this Constitution or of any Act of the ???Legislative Assembly lie from the Supreme Court or any judge thereof and shall have such further or other jurisdiction as may be conferred upon it by any such Act.

Article 84. Legal opinions

• The judges shall give opinions upon important or difficult matters when requested so to do by the Chogyal, the Cabinet or the ???Legislative Assembly.

Article 85. Judge may not hear appeal from own decision

• It shall not be lawful for any judge to sit or adjudicate upon an appeal from any decision which he may have given.

Article 86. Oath of Judge

• The Chief Justice and any other judge shall take the following oath: “I swear by the ??? that I will be loyal to His Majesty Chogyal Wangchuk, the lawful Chogyal of Sikkim, and that I will perform truly and with impartiality my duties as a judge in accordance with the Constitution and the Laws of the Rajadom”.
• The judge shall read and sign this oath in the presence of the Cabinet.

Article 87. Court fees

• The Legislature shall determine the fees payable to the various Courts.
• The Registrar of the Supreme Court shall keep the Court records.

Article 88. Judge not to receive fine

• It shall not be lawful for any judicial officer to receive any portion of a fine paid by any person convicted of an offence or for the Government to allot prisoners to serve any judicial officer, police officer, juror, or any other person as payment for duties discharged by them.

Article 89. Jurors

• The Legislature shall regulate the summoning of jurors and the fees (if any) they shall receive.

Article 90. Trial by jury

• Any person committed for trial before the Supreme Court on a charge of having committed any criminal offense punishable by a term of imprisonment exceeding two years or a fine of five hundred rupees or both such penalties shall, if he shall so elect, be tried by a jury.
• Whenever any issue of fact is raised in any civil action triable in the Supreme Court any party to such action may claim the right of trial by jury.
• The law of trial by jury shall never be repealed.

Article 91. Form of verdict

• It is the duty of the jury in criminal cases to pronounce whether the person accused is guilty or not guilty according to the evidence given before the Court.
• In civil cases the jury shall give judgment for payment or compensation as the case may be and according to the merits of the case.

Article 92. Judge to direct jury

• In civil and criminal cases the judge shall direct the jury upon the law bearing upon the case and assist them in arriving at a just decision upon the case before them.
• The judge shall have power to refuse to admit evidence which he may deem to be irrelevant or improper.

Article 93. Chief Justice to report upon criminal statistics

• The Chief Justice shall report once a year to the Chogyal upon the administration of justice and the criminal statistics of the country and upon any amendments in the law which he may recommend.
• The Chogyal shall lay this report before the Assembly at its next meeting in the same manner as the reports of the ministers.

Article 94. Powers of Magistrates

• The Legislature shall determine the time and place for holding the Courts and shall limit the powers of the magistrates in criminal and civil matters and shall determine what cases shall be committed for trial to the Supreme Court.

Part IV. Amendments to Constitution

Article 95. Amending the Constitution

• It shall be lawful for the ???Legislative Assembly to discuss amendments to the Constitution provided that such amendments shall not affect the law of liberty or the succession to the Throne.
• If the ???Legislative Assembly wish to amend any clause of the Constitution of Sikkim, such amendment shall, after it has passed the ???Legislative Assembly three times, be submitted to the Chogyal and if the Privy Council and the Cabinet are unanimously in favour of the amendment it shall be lawful for the Chogyal to assent.
• When signed by the Chogyal it shall become law.

Article 42. National flag and emblem

• Neither the Flag nor the emblem of Sikkim shall ever be altered but shall always be the flag and emblem of the Rajadom.
• The flag is described in Schedule 1 of this Constitution.
• The emblem is described in Schedule 2 of this Constitution.

§4 Vote on expenditures

1. No money shall be paid out of the Treasury nor borrowed nor debts contracted by the Government but by the prior vote of the Gyelyong Tshogdu, except in the following cases:
   1. Where an Act duly passed by the Gyelyong Tshogdu gives power to pay out money or borrow money or contract debts, then money may be paid out, or borrowed or debts contracted in terms of that Act; and
   2. In cases of war or rebellion or dangerous epidemic or a similar emergency, then it may be done by the Treasurer with the consent of the Lhengye Zhungtshog, and the Chogyal shall at once convoke the Gyelyong Tshogdu and the Treasurer shall state the grounds for the expenditure and the amount.
2. The Treasurer, with the approval of the Gyal Then Tshokdey (Privy Council), shall have power to increase or decrease the taxes and/or customs duties and shall have power to levy new taxes and/or customs duties.
3. All such increases or decreases or new taxes or customs duties shall be published in the ???Gazette and shall be placed before the next session of the Gyelyong Tshogdu and shall have full force and shall remain effective from the date of publication in the Gazette until rescinded by the Gyelyong Tshogdu or by the Treasurer with the approval of the Gyal Then Tshokdey.

Article 48. Treasurer to report to Parliament

• When the ???Legislative Assembly shall meet, the Treasurer shall present to the ???Legislative Assembly on behalf of the Cabinet an account of all moneys which have been received and expended during the current year or since the last meeting of the Assembly and the nature of the receipts and expenditure.

• Sikkim is a constitutional hereditary monarchy. The monarch, who is the head of state, is known as the chogyal.
  • There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the Raja Chogyal in the exercise of his functions.
  • All functions of the Raja Chogyal shall be exercised by him only on the advice of the Council of Ministers.
• The Prime Minister shall be appointed by the Raja Chogyal and the other Ministers shall be appointed by the Raja Chogyal on the advice of the Prime Minister.
  • The Council of Ministers shall be collectively responsible to the National Assembly.
  • The Ministers and the Deputy Ministers shall hold office during the pleasure of the Raja Chogyal.
• The Raja Chogyal shall appoint a person to be Advocate General for the State who shall give advice to the Government.
  • The Advocate General shall hold office during the pleasure of the Raja Chogyal.
• Sikkim has a unicameral legislature which shall be known as the National Assembly.
  • The National Assembly shall consist of 24 members chosen by direct and universal election from the eight prefectures of the rajadom. The Raja Chogyal may, if he is of the opinion that women are not adequately represented, appoint not more than two women to be members thereof.
  • Six members shall be appointed by the Raja Chogyal, not more than three of whom shall be persons belonging to any of the socially or economically disadvantaged classes; the others shall be persons having special knowledge or practical experience in respect of matters such as literature, science, art, co-operative movement and social service.
• There shall be a High Court for the State, consisting of a Chief Justice and two or more other judges.