Law Department
LAW & PARLIAMENTARY AFFAIRS DEPARTMENT : A BRIEF HISTORY
The Law Department was established in the year 1977 under the Government of the then Chief Minister Kazi Lendup Dorjee. The Department since then has been efficiently catering to the needs and wants of the people of Sikkim, bringing out different Laws, Rules and Notifications in the Official Gazette of the Government of Sikkim, after having received the assent from the Governor or President as the case may be.
The Law Department, working under different State Governments over the last 44 years, has always been ensuring that justice is made readily available to the masses. Lok Adalats have been constituted even at the block levels to ensure speedy delivery of justice at the doorstep. In addition, Atrocity Court, Human Rights Court, Family Court have also been constituted. Simultaneously, traditional laws as practiced by the indigenous people have also been protected.
1. Infrastructures have been created for legal administration. New complexes have been built in all four districts. The High Court building has also been newly constructed.
2. The State ranks high in the number of pendency of cases. There are minimum backlog of cases.
3. For the first time in the history of the State, 2 Sikkimese have been appointed to the post of Judge of High Court.
4. A number of Commissions have been constituted under the Commission of Enquiry Act, 1952 which are as under :-
a. Commission to look into the cases of local employment in the private sector organizations in the State.
b. Commission to look into the cases of accidents etc. in various hydroelectric projects in the State.
c. Commission to look into the cases of loss of deposits in private finance companies/non-banking financial institutions.
d. Commission to enquire into forged/fake Sikkim Subject Certificates/COIs, Domicile Certificates etc. and issue of Trade Licenses to unauthorized persons/individuals.
e. Commission for making comprehensive enquiry on sale or lease or transfer of land in any manner from private individual land owners to organizations, companies, industries etc.
5. The Sikkim Lokayuta Act 2014 came into force from 27th February, 2014.
6. The Lokayukta for the State of Sikkim was established on 27th February, 2014.
7. State Human Rights Commission was constituted on 20th November, 2014.
8. Sikkim Promotion of Local Employment Act was passed in 2008.
9. During the period since its inception, the Department has scrutinized and vetted numerous numbers of bills pertaining to various department and took action for publication in the State Government Gazette after having received the assent from the Governor or President.
10. The Law & Parliamentary Affairs Department, since 1977 has been publishing the judgements of the Hon’ble High Court of Sikkim in its publication aptly named as “THE SIKKIM LAW JOURNAL” in compliance to the Government of Sikkim (Allocation of Business) Rules, 2004.
11. In the year 2002, the State Government constituted 4 (four) different Committees for the purpose of ascertainment and codification of the Customary Laws of the 4 (four) ethnic communities of Sikkim namely the Bhutia Nepali, Lepcha and Sherpa. After vast research and re-verification, the Customary Laws were published as a compendium “CUSTOMARY LAWS AND USAGES”. This is a set of 4 (four) booklets for the four communities of Sikkim.
12. Keeping in view the preservation and protection provided by Article 371 (F) of the Constitution of India to the Old Laws of the state, the Law Department under the guidance of the then Chairman, Law Commission in the year 2003 took on the task of compilation and publication of the old laws. The Law Department then published the Old Laws of Sikkim under the nomenclature “SIKKIM CODE”.
13. In the 2018, the Department started the compilation of Acts, Rules, Regulations and notifications published in the Official Gazette of the State as a set of books named “THE SIKKIM LAW MANUAL”.
14. The Law Department has also taken up the task of compiling the Acts of the State as Bare Acts. The Department has incorporated all the subsequent amendments of all the Acts of the State. The Bare Acts, at present, are in the process of being verified. These books will shortly be published and will be made available to all.
15. The Department, at present, is in the process of compilation and publication of another very crucial compemdium. This book, still to be named, will consist of all the Pre-Merger Laws of the Government of India that were extended to and enforced in the State after its merger to the Republic of India as its 22nd state on 16th May, 1975.
The Law Department, working under different State Governments over the last 44 years, has always been ensuring that justice is made readily available to the masses. Lok Adalats have been constituted even at the block levels to ensure speedy delivery of justice at the doorstep. In addition, Atrocity Court, Human Rights Court, Family Court have also been constituted. Simultaneously, traditional laws as practiced by the indigenous people have also been protected.
1. Infrastructures have been created for legal administration. New complexes have been built in all four districts. The High Court building has also been newly constructed.
2. The State ranks high in the number of pendency of cases. There are minimum backlog of cases.
3. For the first time in the history of the State, 2 Sikkimese have been appointed to the post of Judge of High Court.
4. A number of Commissions have been constituted under the Commission of Enquiry Act, 1952 which are as under :-
a. Commission to look into the cases of local employment in the private sector organizations in the State.
b. Commission to look into the cases of accidents etc. in various hydroelectric projects in the State.
c. Commission to look into the cases of loss of deposits in private finance companies/non-banking financial institutions.
d. Commission to enquire into forged/fake Sikkim Subject Certificates/COIs, Domicile Certificates etc. and issue of Trade Licenses to unauthorized persons/individuals.
e. Commission for making comprehensive enquiry on sale or lease or transfer of land in any manner from private individual land owners to organizations, companies, industries etc.
5. The Sikkim Lokayuta Act 2014 came into force from 27th February, 2014.
6. The Lokayukta for the State of Sikkim was established on 27th February, 2014.
7. State Human Rights Commission was constituted on 20th November, 2014.
8. Sikkim Promotion of Local Employment Act was passed in 2008.
9. During the period since its inception, the Department has scrutinized and vetted numerous numbers of bills pertaining to various department and took action for publication in the State Government Gazette after having received the assent from the Governor or President.
10. The Law & Parliamentary Affairs Department, since 1977 has been publishing the judgements of the Hon’ble High Court of Sikkim in its publication aptly named as “THE SIKKIM LAW JOURNAL” in compliance to the Government of Sikkim (Allocation of Business) Rules, 2004.
11. In the year 2002, the State Government constituted 4 (four) different Committees for the purpose of ascertainment and codification of the Customary Laws of the 4 (four) ethnic communities of Sikkim namely the Bhutia Nepali, Lepcha and Sherpa. After vast research and re-verification, the Customary Laws were published as a compendium “CUSTOMARY LAWS AND USAGES”. This is a set of 4 (four) booklets for the four communities of Sikkim.
12. Keeping in view the preservation and protection provided by Article 371 (F) of the Constitution of India to the Old Laws of the state, the Law Department under the guidance of the then Chairman, Law Commission in the year 2003 took on the task of compilation and publication of the old laws. The Law Department then published the Old Laws of Sikkim under the nomenclature “SIKKIM CODE”.
13. In the 2018, the Department started the compilation of Acts, Rules, Regulations and notifications published in the Official Gazette of the State as a set of books named “THE SIKKIM LAW MANUAL”.
14. The Law Department has also taken up the task of compiling the Acts of the State as Bare Acts. The Department has incorporated all the subsequent amendments of all the Acts of the State. The Bare Acts, at present, are in the process of being verified. These books will shortly be published and will be made available to all.
15. The Department, at present, is in the process of compilation and publication of another very crucial compemdium. This book, still to be named, will consist of all the Pre-Merger Laws of the Government of India that were extended to and enforced in the State after its merger to the Republic of India as its 22nd state on 16th May, 1975.