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HISTORICAL
PERSPECTIVE OF THE SIKKIM JUDICIARY
Sikkim has a past history
of its own. Prior to its merger with the Union of India in the
year 1975 by the Constitution (Thirty Sixth Amendment) Act,
1975, the erstwhile Sikkim was under a monarchy. The King who
was popularly known as “the Chogyal” was the fountainhead of
justice. Kings words were the laws. Under the then
administrative set up there was no place for an independent
judiciary. The judicial procedure being followed then was
very simple and free from legal technicalities. The Courts
were dispensing substantive justice based on the principle of
justice, equity and good conscience. Lawyers were not allowed to
appear in Court.
The available records do
not throw much light into the remote past. It can, however, be
gathered from these records that the administration of justice
in Sikkim in the last century was being carried out by the
Feudal Landlords (Adda Courts), Jongpons (District Officers).
Pipons (Headmen) and Mandals with the Chogyal at the top.
In 1909, Kazis, Thikadars
and Lamas were invested with judicial powers by a State Council
resolution. They could try civil suits up to the valuation of
Rs. 500/-.
Read more
about historical perspective of Sikkim judiciary.
Courtesy,
Hon’ble Shri Justice A.P. Subba,
Former Judge, High Court of Sikkim, Gangtok.
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