A Procedural Rigor of Article 371F of the Indian Constitution: A Multi-Dimensional Legal Analysis

  • Unique Paper ID: 190960
  • Volume: 12
  • Issue: no
  • PageNo: 563-570
  • Abstract:
  • Article 371F stands as a unique sentinel of asymmetric federalism within the Indian Constitution. Inserted via the 36th Amendment Act of 1975, it facilitated the transition of Sikkim from a protectorate to a Constituent State of the Union. This Article examines the procedural and substantive "rigor" of Article 371F, focusing on its non-obstante nature, the preservation of "Old Laws," and the judicial trajectory from R.C. Poudyal to contemporary tax disputes. It further analyzes the "procedural rigor" faced in the adaptation of laws and the delicate balance between national integration and the protection of ethnic identity.

Copyright & License

Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{190960,
        author = {Dr. Dilip Pandey},
        title = {A Procedural Rigor of Article 371F of the Indian Constitution: A Multi-Dimensional Legal Analysis},
        journal = {International Journal of Innovative Research in Technology},
        year = {},
        volume = {12},
        number = {no},
        pages = {563-570},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=190960},
        abstract = {Article 371F stands as a unique sentinel of asymmetric federalism within the Indian Constitution. Inserted via the 36th Amendment Act of 1975, it facilitated the transition of Sikkim from a protectorate to a Constituent State of the Union. This Article examines the procedural and substantive "rigor" of Article 371F, focusing on its non-obstante nature, the preservation of "Old Laws," and the judicial trajectory from R.C. Poudyal to contemporary tax disputes. It further analyzes the "procedural rigor" faced in the adaptation of laws and the delicate balance between national integration and the protection of ethnic identity.},
        keywords = {Asymmetric Federalism, Article 371F, Non-Obstante Clause, Terms of Union, Sikkim Subjects Regulation, Procedural Rigor, R.C. Poudyal Doctrine, Substantive Equality},
        month = {},
        }

Cite This Article

  • ISSN: 2349-6002
  • Volume: 12
  • Issue: no
  • PageNo: 563-570

A Procedural Rigor of Article 371F of the Indian Constitution: A Multi-Dimensional Legal Analysis

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