35th Constitutional Amendment Act

The 35th Constitutional Amendment Act, 1974 is one of the most interesting amendments in the history of India because it deals with the relationship b

35th Constitutional Amendment Act, 1974

The 35th Constitutional Amendment Act, 1974 is one of the most interesting amendments in the history of India because it deals with the relationship between India and Sikkim. This amendment marked a major step in integrating Sikkim — which was, at that time, an independent kingdom — into the political framework of India. It was the first legal step towards making Sikkim a full-fledged state of the Indian Union, which finally happened through the 36th Constitutional Amendment Act, 1975.

Before the 35th Amendment, Sikkim was not an Indian state or even a Union Territory. It was a protectorate of India — meaning it was under India’s protection but still governed by its own ruler, the Chogyal. The 35th Amendment changed this relationship by granting Sikkim the status of an “Associate State” and by introducing a new Article in the Constitution — Article 2A — and a new Tenth Schedule (different from the current anti-defection Tenth Schedule that came in 1985).

Let’s understand this in simple words and step-by-step.

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Historical Background: Sikkim Before 1974

To understand the importance of this amendment, we need to look at Sikkim’s history before it joined India.

Sikkim was a Himalayan kingdom ruled by the Namgyal dynasty since the 17th century. After India’s independence in 1947, Sikkim did not become a part of India immediately. Instead, in 1949, India and Sikkim signed a treaty that made Sikkim a protectorate of India.

Under this treaty:

• India handled Sikkim’s defense, external affairs, and communications.

• The Chogyal (King of Sikkim) continued to rule the kingdom internally.

• Sikkim was not part of India’s territory and did not follow the Indian Constitution.

Over time, however, many people in Sikkim wanted closer ties with India due to:

• Political instability

• Economic dependence on India

• Growing demand for democratic rights

By the early 1970s, Sikkim had a popular movement demanding more democratic representation and closer association with India.

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Why the 35th Amendment Was Needed

India wanted to strengthen its relationship with Sikkim peacefully and constitutionally. The people of Sikkim, through their elected representatives, also wanted a formal connection with India without losing their identity immediately.

Therefore, the Government of India decided to introduce a special status — an “Associate State” — as a transitional arrangement. This would allow Sikkim to be linked to India and participate in Indian democratic institutions while still retaining some autonomy.

To do this legally, Parliament needed to amend the Constitution, because there was no existing provision for an “Associate State.” That’s why the 35th Constitutional Amendment Act, 1974 was passed.

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Main Provisions of the 35th Constitutional Amendment

The amendment had several important provisions, which fundamentally changed the relationship between India and Sikkim.

1. Introduction of Article 2A

A new Article — Article 2A — was inserted into the Constitution. It stated:

“Sikkim shall be associated with the Union on the terms and conditions specified in the Tenth Schedule.”

This meant that Sikkim would no longer be just a protectorate — it would become an associate state of India.

2. Addition of the Tenth Schedule (Special for Sikkim)

The amendment also inserted a new Tenth Schedule into the Constitution (note: this was later repealed).
This Schedule laid down the terms and conditions for the association of Sikkim with India.

The main points were:

• Sikkim would be represented in the Indian Parliament by one seat in the Rajya Sabha (Council of States).

• The Parliament of India could make laws for Sikkim on any subject included in the Union List or the Concurrent List.

• The Indian Government could extend any central law to Sikkim, with modifications if needed.

• Sikkim’s internal governance and administration would continue to function under the Chogyal’s rule, but under the supervision of India.

• India would continue to handle defense, foreign affairs, and communications.

In short, the 35th Amendment made Sikkim a semi-integrated territory — connected to India but not yet a full state.

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Objective of the Amendment

The main objective of the 35th Constitutional Amendment was to:

• Strengthen India–Sikkim relations

• Give Sikkim a special constitutional status

• Allow Sikkim to participate in India’s political system

• Create a legal framework for future integration

It was considered a friendly step — not an annexation — and respected the wishes of the people of Sikkim as expressed through their elected Assembly.

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How the Amendment Was Passed

The bill for the 35th Amendment was introduced in Parliament and passed in 1974.
After receiving the President’s assent on 28th February 1975, it became part of the Constitution.

Interestingly, even before the amendment, the Sikkim Assembly had passed a resolution requesting a closer association with India. So, this amendment was not imposed — it was mutually agreed upon by both India and Sikkim.

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Effects of the 35th Amendment

1. Sikkim became an Associate State of India — a new category that did not exist before.

2. It allowed limited participation of Sikkim in Indian governance.

3. It served as a constitutional bridge for Sikkim’s full integration into India.

4. It symbolized India’s peaceful and democratic approach to integrating neighboring territories.

However, the idea of an "Associate State" was short-lived.

Soon after, political developments in Sikkim led to demands for full integration with India.
Therefore, within a year, the 36th Constitutional Amendment Act, 1975 was passed, making Sikkim the 22nd State of India.
The 36th Amendment repealed Article 2A and the Tenth Schedule introduced by the 35th Amendment.

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Significance of the 35th Amendment

Even though it existed for only a short period, the 35th Amendment holds great importance in Indian constitutional history.

• It was the first and only time the Constitution created a new category — “Associate State.”

• It demonstrated India’s flexibility and diplomatic sensitivity in dealing with neighboring regions.

• It paved the way for Sikkim’s peaceful merger into the Indian Union.

• It strengthened India’s strategic position in the Himalayas.

• It showed that constitutional methods could achieve national integration without war or force.

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Shortcomings and Repeal

The arrangement created by the 35th Amendment did not last long because it was unclear and incomplete. Sikkim’s people wanted full participation in India’s democratic structure, not partial association.

Moreover:

• The Chogyal’s rule faced increasing opposition from political parties in Sikkim.

• People wanted complete democracy, not monarchy.

• There was growing public demand for statehood within India.

Therefore, the Indian Parliament soon passed the 36th Constitutional Amendment Act, 1975, which:

• Abolished Article 2A and the Tenth Schedule, and

• Made Sikkim the 22nd State of India.

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Importance for Students and Exams

The 35th Constitutional Amendment is very important for students of Indian Polity, History, and Constitutional Law because it:

• Introduced the term “Associate State” (unique in Indian history)

• Added Article 2A and the Tenth Schedule

• Was repealed by the 36th Amendment in 1975

• Marked the first legal step in Sikkim’s merger with India

This amendment often appears in UPSC, State PSC, Judiciary, and UGC NET examinations.

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Conclusion

The 35th Constitutional Amendment Act, 1974 was a landmark step that brought Sikkim closer to India by giving it the status of an Associate State. It added Article 2A and a Tenth Schedule, allowing Sikkim to participate in India’s political and legislative system while maintaining limited autonomy. Although this arrangement was temporary and later replaced by full statehood through the 36th Amendment, it remains an important chapter in India’s constitutional evolution.

In simple words:

The 35th Amendment was the first step in making Sikkim part of India — a peaceful and democratic process that reflected India’s constitutional spirit and respect for the wishes of the people of Sikkim.