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| ====Preamble====
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| Granted by His Majesty, the Chogyal Wangchuk, on the ???, One thousand nine hundred and eighty-five.
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| ====Part I - Declaration of Rights====
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| #Declaration of freedom
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| *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.
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| *All citizens may use their lives and persons and time to acquire and possess property and to dispose of their labour and the fruit of their hands and to use their own property as they will.
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| #Slavery prohibited
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| *No person shall serve another against his will except he be undergoing punishment by law and 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 on Sikkimese soil for no person shall be in servitude under the protection of the Chogyal of Sikkim.
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| #Conditions under which foreign labourers may be introduced
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| *Whoever may wish to bring persons from other nations to work for him may make an agreement with them for the number of years they will work for him and a copy of the written agreement he makes with them shall be deposited in the Public Offices stating the amount of payment they shall receive the period they shall work and a promise to take them back to their own land.
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| *The Government shall cause such contract to be carried out both on behalf of those who engage and those who are engaged.
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| *Such persons being so introduced shall be subject to the laws of the land and shall pay the same duties, taxes, and tariffs, ordained by the Chogyal and his Cabinet, as the citizens of the Rajadom.
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| #Same law for all classes
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| *There shall be but one law in Sikkim for nobles and commoners, for non-Sikkimese
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| and Sikkimese.
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| *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.
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| #Freedom of worship
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| *Buddhism of the Nyingma tradition is the official religion of the Rajadom of Sikkim.
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| *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
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| *They may peacefully assemble for religious service in such places as they may appoint.
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| *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.
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| #Freedom of the press
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| *It shall be lawful for all people to speak write and print their opinions and no law
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| shall ever be enacted to restrict this liberty.
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| *There shall be freedom of speech and of the press for ever 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.
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| #Freedom of petition
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| *All people shall be free to send letters or petitions to the Chogyal or Legislative
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| Assembly???.
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| *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.
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| #Habeas Corpus
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| *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 land when it shall be lawful for the Chogyal to suspend it.
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| #Accused must be tried
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| *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.
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|
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| #Procedure on indictment
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| *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).
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| *Such written indictment shall clearly state the offence charged against him and the grounds for the charge.
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| *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.
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| *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 ??????Legislative Assembly shall determine what shall be the amount of claim that may be decided without a jury.
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| #Accused cannot be tried twice
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| *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.
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| #Charge cannot be altered
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| *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:
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| **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
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| **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
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| **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.
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| #Trial to be fair
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| *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.
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| #Court to be unbiased
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| *It shall not be lawful for any judge or magistrate 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.
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| *Nor shall any judge or magistrate sit in any case which concerns himself.
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| *Nor shall any judge or magistrate 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 judges, magistrates, and jurymen shall be entirely free and shall in no case whatever be interested or biased on the discharge of their duties.
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| #Premises cannot be searched without warrant
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| *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.
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| *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 magistrate shall issue a search warrant to the police to search for the property according to the affidavit so made.
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| #Government to be impartial
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| *The Chogyal shall govern on behalf of all his people and not so as to enrich or benefit any one man or any one family or any one class but without partiality for the good of all the people of his Rajadom.
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| #Taxation - Compensation to be paid for property taken
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| *All the people have the right to expect that the Government will protect their life, liberty, and property.
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| *Therefore it is right for all the people to support and contribute to the Government according to law.
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| *If at any time there should be a war in the land and the Government should take the property of anyone, the Government shall pay the fair value of such property to the owner.
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| *If the Legislature 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 Government roads or other work of benefit to the Government, the Government shall pay the fair value.
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| #Expenditure to be voted
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| *No money shall be paid out of the Treasury nor borrowed nor debts contracted by the Government but by the prior vote of the ??????Legislative Assembly, except in the following cases:
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| **Where an Act duly passed by the ??????Legislative Assembly gives power to pay out money or borrow or contract debts, then money may be paid out, or borrowing carried out or debts contracted in terms of that Act; and
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| **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 Cabinet, and the Chogyal shall at once convoke the ???Legislative Assembly and the Treasurer shall state the grounds for the expenditure and the amount.
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| *The Treasurer, with the approval of ???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.
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| *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 ???Legislative Assembly and shall have full force and shall remain effective from the date of publication in the Gazette until rescinded by the ???Legislative Assembly or by the Treasurer with the approval of ???Privy Council.
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| #Retrospective laws
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| *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.
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| #Army subject to civil law
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| *Every soldier shall be subject to the laws of the land whether he belong to the
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| Royal Guards or to the Militia.
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| *Any soldier who breaks the law of the land shall be tried in the courts as any other person.
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| *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 ???Legislative Assembly.
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|
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| #Royal Guards and Militia
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| *The Royal Guards shall have the right to vote for representatives to the ???Legislative Assembly although they are exempt from taxes in accordance with the provisions of this Constitution.
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| *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.
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| #Disabilities of convict
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| *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.
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| *Nor shall he be qualified to vote for nor to be elected a representative of the ???Legislative Assembly 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.
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| #Public officer not to engage in trade
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| *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.
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| *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 Cabinet.
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|
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| #Age of maturity
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| No person may succeed to any tofi'a or any title until he has attained the age of
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| twenty-one years, save for members of the Royal Family who shall be deemed to
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| have attained maturity at eighteen years of age.
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|
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| #Qualifications for jurors
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| *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.
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| *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 Legislature.
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| *Members of the ???Legislative Assembly, ministers of religion, teachers, students, public servants, guardsmen, and all officials of the Government shall be exempt from serving on juries.
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| #Naturalization
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| *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.
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| *All naturalized subjects shall have the same rights and privileges as native-born subjects of Sikkim.
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|
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| ====Part II – The Throne====
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| #Succession to the Throne
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| *The right to the Crown and the Throne of this Rajadom and to the title of Chogyal belong to the male descendants of Phuntsog Namgyal.
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| *If at any time there be no heirs in the male line, the Crown and Throne shall descend in accordance with the following law of succession:
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| **It shall be lawful only for those born in marriage to succeed.
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| **The succession shall be to the eldest male child and the heirs of his body but if
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| he should have no children to the second male child and the heirs of his body
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| and so on until all the male line shall be ended.
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| **Should there be no male child the eldest female child shall succeed and the heirs
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| of her body and if she should have no children it shall descend to the second
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| female child and the heirs of her body until the female line is ended.
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| **And if there should be no lawful heir the Chogyal shall appoint his heir if the ???House of Nobles consent to it (the representatives of the people having no voice in the matter) and he shall be publicly declared heir to the Crown during the Chogyal's life.
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| **Should there be no heir to the Crown or successor who has been so publicly proclaimed, the Prime Minister or in his absence the Cabinet ministers shall convoke the nobles of the ???Legislative Assembly (the representatives of the people having no voice in the matter) and when they meet the House of Nobles shall choose by ballot some one of the chiefs whom they wish to succeed as Chogyal. And he shall succeed as the first of a new dynasty and he and the heirs of
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| his body born in marriage shall possess the Crown according to law.
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| **In the event of there being none to succeed according to this law the Prime Minister or in his absence the Cabinet ministers shall again convoke the nobles of the ???Legislative Assembly in accordance with this law and they shall choose one to succeed to the Throne as the first of a new dynasty and so on according to this law for ever.
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| #Heir Apparent may not choose consort
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| *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. And 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 of Sikkim. And the next person in succession to him who so marries shall be declared the heir and the offender shall be regarded as dead.
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| *The expression “any member of the Royal Family who is likely to succeed to the throne” in the last 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 twenty times removed from the Chogyal.
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| #Coronation oath
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| *The following oath shall be taken by those who shall succeed to the throne: “I solemnly swear by the ??? to keep in its integrity the Constitution of Sikkim and to govern in conformity with the laws thereof.”
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| #Felon not to succeed
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| *No person shall succeed to the Crown of Sikkim who has been found guilty of a
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| felony.
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|
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| ====Part III - Form of Government====
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| #Government
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| *The Government of this Rajadom is divided into three Bodies:
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| **The Chogyal Privy Council and Cabinet;
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| **The ???Legislative Assembly; and
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| **The Judiciary.
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|
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| =====The Executive=====
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| #Form of Government
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| *The form of Government for this Rajadom is a Constitutional Government under His Majesty Chogyal Wangchuk Namgyal and his heirs and successors.
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|
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| #Executive power
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| *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.
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|
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| #Chogyal commands forces
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| *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 country but it shall not be lawful for the Chogyal to make war without the consent of the ???Legislative Assembly.
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|
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| #Chogyal may pardon convicts
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| *It shall be lawful for the Chogyal with the consent of the ???Privy Council 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, provided that 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.
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|
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| #Chogyal’s relations with Parliament
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| *The Chogyal may convoke the ???Legislative Assembly at any time and may dissolve it at his pleasure and command that new representatives of the nobles and people be elected to enter the Assembly. But it shall not be lawful for the Rajadom to remain without a meeting of the Assembly for a longer period than one year. The Assembly shall always meet at Jomsom and at no other place except in time of war.
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|
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| #Treaties
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| *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.
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| *It shall not be lawful for the Chogyal to alter the customs duties without the consent of the ???Legislative Assembly.
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| *The Chogyal may appoint his representatives to other nations according to the custom of nations.
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|
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| #Foreign ministers
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| *The Chogyal shall receive Foreign Ministers and may address the ???Legislative Assembly in writing regarding the affairs of the Rajadom and matters which he may wish to bring before the Assembly for deliberation.
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|
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| #Chogyal's powers – Signature to Acts
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| *The Chogyal is the Sovereign of all the people.
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| *The person of the Chogyal is sacred. He governs the country but ministers are responsible.
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| *All Acts that have passed the ???Legislative Assembly must bear the Chogyal's signature before they become law.
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|
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| #Prince Regent
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| *Should the Chogyal die before his heir is eighteen years of age a Regent shall be appointed in accordance with the forty-third clause.
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|
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| #Prince Regent, how appointed
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| *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.
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| *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 ???Legislative Assembly 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 (but the representatives of the people shall have no voice in such election).
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| #Chogyal may confer titles
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| *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.
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| *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.
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|
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| #Coinage and Postage
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| *It is the prerogative of the Chogyal with the advice of his Cabinet 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.
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|
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| #Martial law
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| *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.
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|
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| #National flag and emblem
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| *Neither the Flag nor the emblem of Sikkim shall ever be altered but shall always be the flag and emblem of the Rajadom.
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| *The flag is described in Schedule 1 of this Constitution.
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| *The emblem is described in Schedule 2 of this Constitution.
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|
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| #Royal property
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| *The lands of the Chogyal and the property of the Chogyal are his to dispose of as he pleases.
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| *The Government shall not touch them nor shall they be liable for any Government debt.
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| *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.
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| #Chogyal exempt from action
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| *It shall not be lawful to sue the Chogyal in any court for a debt without the consent of the Cabinet.
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|
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| =====The Privy Council=====
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| #Constitution and powers of Privy Council
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| *The Chogyal shall appoint a Privy Council to assist him in the discharge of his important functions.
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| *The Privy Council shall be composed of the Cabinet in accordance with the fifty-first clause and the Governors in accordance with the fifty-fourth clause and any others whom the Chogyal shall see fit to call to his Council.
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| *If any case shall have been heard in the Supreme Court it shall be lawful for either party thereto to appeal to the Privy Council which shall rehear the case and the judgment of the Privy Council shall in all cases be final provided that it shall not be lawful for the Privy Council to re-try any criminal case but only to advise the Chogyal on the remission or mitigation of sentences.
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| *No Ordinance which may be passed by the Chogyal and Privy Council shall have any effect until the signature of the minister to whose department such Ordinance relates is affixed thereto.
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| *If such Ordinance shall be illegal such minister alone shall be responsible and when the ???Legislative Assembly shall meet it may confirm such Ordinances and make them law or rescind them.
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| *If any case shall be heard in the Court relating to the determination of hereditary estates and titles, it shall be lawful for either party thereto to appeal to the Privy Council which shall rehear the case and the judgement of the Privy Council shall be final.
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|
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| =====The Cabinet=====
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| #(51)Constitution and powers of Cabinet
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| *The Cabinet or ministers of the Chogyal shall consist of the Prime Minister, Minister of Foreign Affairs, the Minister of Internal Affairs, the Minister of Defense, the Minister of Finance and any other ministers whom His Majesty may be pleased to appoint.
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| *It is the Chogyal's prerogative to appoint the ministers and they shall hold office during the Chogyal's pleasure or for such period as may be specified in their commissions.
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| *It is not permitted that any one minister may hold two or more offices.
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| *It shall be lawful to impeach the ministers before the ???Legislative Assembly if their administration is not in accordance with law.
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| *Each minister shall draw up a report once every year acquainting the Chogyal with the affairs of his department.
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| *Such report shall be forwarded by the Chogyal to the ???Legislative Assembly at its next meeting.
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| *If the ???Legislative Assembly shall wish to know anything concerning the department of any minister he shall answer all questions put to him by the ???Legislative Assembly and report everything in connection with his department.
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|
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| #Duties of ministers
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| *Each member of the Cabinet shall have an office in Jomsom.
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| *He shall satisfy himself that all the subordinates in his department faithfully perform their duties.
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| *The Government shall provide and maintain offices suitable for the work of each minister
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|
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| #Treasurer to report to Parliament
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| *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.
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|
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| #Governors – how appointed
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| *The Chogyal with the consent of the Cabinet shall appoint Governors to the Provinces.
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| *The Governors shall in virtue of their office hold seats in the Legislative
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| Assembly and shall also be members of the Privy Council whilst they hold the
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| office of Governor and they shall hold office only during the Chogyal's pleasure.
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|
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| #(54)Powers of Governors
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| *It shall not be lawful for a Governor to enact any law but he shall be responsible
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| that the law is enforced in his district.
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| *If the administration of any Governor be contrary to law it shall be lawful to impeach him in the ???Legislative Assembly.
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|
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| =====The ???Legislative Assembly=====
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| #Power of ???Legislative Assembly
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| *The Chogyal and the ???Legislative Assembly shall have power to enact laws, and the representatives of the people shall sit as one House.
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| *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.
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|
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| #Sessions
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| *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.
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|
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| #Composition
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| *The ???Legislative Assembly shall be composed of the Privy Councillors and
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| Cabinet ministers and representatives of the people.
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|
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| #Representative members
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| *There shall be elected by the people of the Rajadom duly qualified five representatives from each ‘’dzongdey’’.
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|
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| #Speaker
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| *The Chogyal shall appoint the Speaker of the Assembly.
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| *All other officers shall be appointed by the Assembly.
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|
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| #Rules of procedure
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| *The Assembly shall make its own rules of procedure for the conduct of its
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| meetings.
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|
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| #Qualification of electors
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| *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.
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| *On the day appointed for election voters shall be exempt from summons for debt.
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|
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| #Qualification of representatives
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| *Representatives of the people shall be chosen by ballot.
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| *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.
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| *No person holding an office of emolument under the Crown shall enter the ???Legislative Assembly, except the Ministers, and the Governors.
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|
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| #Threats and bribery
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| *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.
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|
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| #Privilege of Privy Council
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| *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.
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| *After any such bill has been passed by a majority, it shall be submitted to the Chogyal for his sanction.
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|
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| #Chogyal's veto precludes discussion
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| *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.
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|
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| #Quorum
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| *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
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| 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.
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| *Should there be less than one-half present, the ???Legislative Assembly shall stand adjourned to another day.
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| *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.
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| *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.
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|
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| #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.
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| *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.
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|
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| #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.
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|
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| #Immunity from arrest
| |
| *The members of the ???Legislative Assembly shall be free from arrest and
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| judgment while it is sitting except for indictable offenses.
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| *No member of the House shall be liable for anything he may have said or published in the ???Legislative Assembly.
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|
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| #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.
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|
| |
| #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:
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| **Breach of the laws or the resolutions of the ???Legislative Assembly, **maladministration,
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| **incompetency,
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| **destruction or embezzlement of Government property, or
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| **the performance of acts which may lead to difficulties between the Rajadom and another country.
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| *The impeached person shall be given a copy of the accusation in writing seven days before the day of the trial.
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| *The trial shall be conducted in accordance with the eleventh clause.
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| *The Chief Justice shall preside but if the Chief Justice is impeached the Chogyal shall appoint some other member of the Assembly to preside.
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| *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.
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| *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.
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|
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| #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.
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| *The ???Legislative Assembly shall have the power to sit and act although its number be not complete.
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|
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| #General elections
| |
| *New elections shall be held for all the representatives at least once every three years.
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| *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.
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|
| |
| #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
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| clause.
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| *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.
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|
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| #Enacting formula.
| |
| *The formula for enacting laws shall be “Be it enacted by the Chogyal and the ???Legislative Assembly of Sikkim as follows:”.
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|
| |
| #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.
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|
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| #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.
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| *The Chief Justice shall inform the Chogyal whenever he suspends the operation of any law.
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|
| |
| 83 Oaths of Councillors and Representatives
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| *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.
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|
| |
| =====The Judiciary=====
| |
| #The Courts
| |
| *The judicial power of the Rajadom shall be vested in the Court of Appeal, the Supreme Court, the Magistrate's Court, and the Land Court.
| |
|
| |
| #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:
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| **he holds, or has held, high judicial office; or
| |
| **he has been qualified so to practice for not less than ten years.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #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 Rajadom and in all matters concerning Treaties with Foreign States and Ministers and Consuls and in all cases affecting Public Ministers and Consuls.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #Court fees
| |
| *The Legislature shall determine the fees payable to the various Courts. The Registrar of the Supreme Court shall keep the Court records.
| |
|
| |
| #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.
| |
|
| |
| #Jurors
| |
| *The Legislature shall regulate the summoning of jurors and the fees (if any) they shall receive.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #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.
| |
|
| |
| #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. And the Chogyal shall lay this report before the Assembly at its next meeting in the same manner as the reports of the ministers.
| |
|
| |
| #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.
| |
|
| |
| ====Amendments to 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.
| |
