2.22.1 On 26-4-1975 Sikkim joined the Indian Union as the 22nd State. Until the merger, the Chogyal, the Maharaja of Sikkim, was the fountain-head of justice.

2.22.2 The administration of justice was carried out by authorities like Jongpons (District Officer), feudal landlords, Pipons (Head man), Mandals etc. In Lachen and Lachung in North Sikkim, the authorities like Gyen-me, the body of the elders formed by the elected Pipons had jurisdiction to decide all matters civil and criminal except murder cases. Both the Judges and the parties used to take oath - Dhang-na (Dhang means honest and na means oath) by Judges and Gnen-na (Gnen means to abide and na means oath) by parties in disputes.

2.22.3 When Sikkim was brought under the superintendence of the British Political Officer, the entire State was divided into several estates for the purpose of revenue and judicial administration. Each estate was put under the control of a Lessee-landlord who was vested with some judicial powers.

2.22.4 In 1909 as per the State council resolution Kazis, Thikadars and Lamas were vested with power to decide civil suits with limited pecuniary jurisdictions. First class Kazis, Thikadars and Lamas got jurisdiction for adjudicating money suits upto the value of Rs.500/-; second class upto the value of Rs.300/-; third class upto the value of Rs.200/- and fourth class upto the value of Rs.100/-.

2.22.5 The courts of the landlords were called the Adda Courts which had jurisdiction to decide some civil and criminal cases. First Class Adda courts exercised criminal powers to impose punishment upto one month's imprisonment and fine upto Rs.100/-. On the civil side, they could decide suits upto the value of Rs.500/-. Second Class Adda Courts were invested with powers to inflict punishment of fine only upto Rs. 50/-. They had jurisdiction to decide suits upto the value of Rs.300/-. Third Class Adda Courts could impose fine upto Rs.25/- in criminal cases and decide suits upto the value of Rs.200/-. Fourth Class Adda Courts could impose punishment of fine upto Rs.15/- only on the criminal side and could decide suits upto the value of Rs.100/-.

2.22.6 In 1916 a modern type of Court designated as Chief Court was created with jurisdiction to try important original cases and also to hear appeals against the decisions of Landlords Courts. The Chief Court exercised supervisory and appellate jurisdiction over the Adda Courts. On the original side, it decided cases which were beyond the jurisdiction of the Adda Courts or litigations between the residents of different estates. On the appellate side, it heard appeals and references from the decisions of the Adda Courts. The Chief Court was also invested with jurisdiction to decide revenue suits.

2.22.7 The Chief Court was not the final court of justice in Sikkim. The appeal against the decisions of the Chief Court would lie to the Supreme Court of His Highness, the Maharaja. The Court of the Maharaja was the final court of appeal in the State. It had no original jurisdiction. A board, on the lines of the Judicial Committee of the Privy Council in England, would hear the parties and scrutinise the evidence regarding merit of the case and then tender its opinion to the Maharaja.

2.22.8 The Political Officer also exercised Judicial powers side by side with the Darbar Court. The British subjects were not amenable to the jurisdiction of the Darbar Courts in the trial of criminal cases. They were required to approach the Court of the Political Officer in the first instance. However, the Political Officer could waive his right of trial in favour of the Darbar Court. In civil litigation, if the plaintiff happened to be a British subject, he had a choice to select the forum between the Darbar Court and the Court of the Political Officer. The Political Officer exercised the powers of the District Magistrate and District and Sessions Judge. No appeal would lie against his orders except in certain classes of crimes.

2.22.9 In 1949, Mr. J.S. Lall took over the administration of Sikkim as Dewan. A Judicial Proposal Committee was set up under the Chairmanship of Mr. H. Pradhan. On the recommendation of the Committee, the Judicial powers conferred on the landlords were abolished. Sikkim was divided into four revenue districts. Magistrates were appointed in each district with original and appellate jurisdiction on the criminal and civil sides. The Court of the Assistant Magistrate and the Court of the Tahsildars were created. In the lowest rung, a few Honorary Courts of the Magistrates were created to dispose of petty criminal and civil cases. These Honorary Courts were established at suitable places in the locality for the convenience of the public. Above the district level courts, there was a Court of the Chief Magistrate. The Chief Magistrate had both original and appellate jurisdiction on civil and criminal sides. He had unlimited powers.

2.22.10 In 1955, the Maharaja issued High Court of Judicature (Jurisdiction and Powers) Proclamation for the establishment of a High Court of Sikkim and thereby established a High Court in Sikkim. The Judges of the High Court were to hold office for such period as provided in the terms of their appointment by the Maharaja. The High Court was the final court in all judicial matters, civil or criminal subject to the exercise of prerogative by the Maharaja to grant mercy, pardon, remission, commutation and reduction of sentence in case of conviction. All Courts and Tribunals in Sikkim were subordinate to the High Court. Appeals or Revisions against the decisions of all Courts and Tribunals would lie to the High Court. The High Court dispensed justice according to the Laws and Usages prevalent in Sikkim.

2.22.11 The Maharaja had also retained his prerogative to set up a Special Tribunal for the review of any case, civil or criminal. The proclamation provided that the President of such Tribunal should be from amongst the Judges of the High Court.

2.22.12 The Tahsildars and Assistant Magistrates were later designated as District Magistrates and Deputy District Magistrates. They exercised powers both on criminal and civil sides. Since the Judiciary was not separated from the executive, the Magistrates exercised both Judicial and Executive Powers.

2.22.13 In 1955, the Council Members felt that the insufficiency of local laws were detrimental to the security of life and property of the Sikkimese people. They also demanded the enactment of Sikkim's own laws and reorientation of Judiciary to impart justice in a manner befitting the conditions of the Sikkimese people. A Deputy Magistrate was appointed in the Eastern Circle with powers of the Magistrate of the Second Class. He had jurisdiction to decide Civil Suits upto the value of Rs.2,000/-. He was also conferred with powers to record statements and confessions made during the investigation of criminal cases by the police. A Deputy Magistrate was appointed in the West Tahsil with the powers of the Magistrate of the First Class. He had jurisdiction to decide Civil Suits upto the value of Rs.5,000/-.

2.22.14 In 1963, an attempt was made to separate the Judiciary from the Executive by creating the post of Munsiff-Magistrate with purely Judicial functions. The Chief Magistrate was invested with powers to dispose of all appeals from the decisions of the Courts of all Magistrates in Sikkim in respect of both Civil and Criminal cases. All the cases triable by a Court of Session or Magistrate of the First Class were to be filed before the Chief Magistrate's Court for trial and disposal. Other cases triable by the Magistrates were to be filed in the respective Courts of the Magistrates.

2.22.15 In 1970, one separate Munsiff-Magistrate was appointed for South & West Districts with headquarter at Gyalshing (West Sikkim) and with his appointment District Officers / District Magistrates were divested of the powers to try Civil Suits. This was the first step towards separation of Judiciary from the Executive.

2.22.16 After the tripartite agreement of 8th May, 1973 between the Chogyal, the Foreign Secretary, Government of India and the representatives of three political parties of Sikkim, was entered into, certain changes in the Judicial structure were made. The lowest Court of law at the District level was designated as District Court and the Presiding Officer was designated as Assistant District Judge or District Judge according to seniority in status. The post of Munsiff-Magistrate was abolished. The Court of the Chief Magistrate was designated as the Central Court of Sikkim and the Presiding Officer was designated as the Judge of the Central Court. The High Court of Judicature in Sikkim remained as the High Court presided over by the Chief Justice of Sikkim. The Government of Sikkim Act, 1974 provided that the Judges should be independent in the exercise of their Judicial functions, subject only to the said Act and the Laws.

2.22.17 Before Sikkim became the 22nd State of India, the Courts were dispensing substantive justice based on the principles of equity and good conscience which were largely according to the principles prevailing in India and customs prevalent in Sikkim. The technicalities of procedure and law of evidence were not allowed to defeat. The purpose of justice and law of limitation was not rigid but elastic.

2.22.18 The Constitution (thirtysixth Amendment) Act, 1975 made special provisions for Sikkim on its merger with the Indian Union. Upon merger, Sikkim became the 22nd State of India. Article 371F(i) of the Constitution of India provides that the High Court then functioning as such would be deemed to be the High Court for the State of Sikkim. Article 371F(j) provides that all Courts of Civil, Criminal and Revenue Jurisdiction, all authorities and all Officers, Judicial, Executive and Ministerial, throughout Sikkim would continue to exercise their respective powers subject to the provisions of the Constitution. Article 371F(k) provides that all laws in force immediately before the appointed day in Sikkim shall continue to be in force therein until amended or repealed by a competent legislature or other competent authority. In exercise of the power conferred by Clause (l) of Article 371F of the Constitution, the President, vide Adaptation of Sikkim Laws (No.1), Order, 1975, modified suitably the High Court of Judicature (Jurisdictions and Powers) Proclamation of 1955.

2.22.19 Subject to the provisions of the Constitution of India, the High Court is the final authority in all Judicial matters, Civil or Criminal. Under clause (i) of Article 371F the High Court functioning immediately prior to the date of merger became the High Court for the State of Sikkim under the Constitution like any other High Court in the Country.

2.22.20 In 1975, the District Officers were designated as District Magistrates with powers as provided in the Criminal Procedure Code of 1898.

2.22.21 In 1978, Sikkim Civil Courts Act was passed with a view to consolidate the laws relating to the Constitution of Civil Courts subordinate to the High Court and other relevant matters.

2.22.22 The subordinate judiciary consists of District & Sessions Judges, Chief Judicial Magistrates, Civil Judges and Judicial Magistrates. District Judges are members of the Sikkim Superior Judicial Service and the Chief Judicial Magistrates, Civil Judges and Judicial Magistrates are the members of the Sikkim Judicial Service.

2.22.23The pecuniary jurisdiction of Civil Judges is upto Rs.50,000/- and that of the District Judge is unlimited.

2.22.24 An appeal from a decree or order of the District Judge lies to the High Court.

2.22.25 At present, there are two cadres in the State Judiciary, viz.,

(i) Sikkim Superior Judicial Service and

(ii) Sikkim Judicial Service.

Sikkim Superior Judicial Service consists of :

1) Secretary, Law-cum-Legal Remembrancer 1 (one)

2) District and Sessions Judge (E & N) 1 (one)

3) District and Sessions Judge (S & W) 1 (one)

4) Registrar General 1 (one)

5) Registrar 1 (one)

6) Joint Secretary-cum-Joint Legal Remembrancer 1 (one)

Sikkim Judicial Service consists of :

1) Chief Judicial Magistrates 2 (two)

2) Civil Judges-cum-Judicial Magistrates 4 (four)

2.22.26 The Sikkim Judicial Service Rules governs the initial recruitment of Civil Judges-cum-Judicial Magistrates, conditions of service and promotion to the cadre of Chief Judicial Magistrates.

2.22.27 The initial recruitment to the cadre of Civil Judges-cum-Judicial Magistrates is done by the selection committee consisting of (i) Chief Justice or Puisne Judge of Sikkim High Court nominated by the Chief Justice; and (ii) Chief Secretary, Government of Sikkim from amongst the candidates who have put in three years of practice at the Bar as advocates on the basis of interview. After appointment, the selected candidates will have to undergo initial training at any place within or outside Sikkim. The nature, duration and place of such training shall be as determined by the High Court. Thereafter, he/she will be on probation for a period of two years.

2.22.28 There are four posts of Civil Judge-cum-Judicial Magistrates in the cadre in the pay scale of Rs.7000-225-11500. On satisfactory completion of five years of service, the Civil Judge-cum-Judicial Magistrate would be entitled to the Senior Scale of Rs.9000-300-13800. After ten years of service, he will be placed in the Selection Grade in the scale of Rs.11000-350-16250.

2.22.29 After completion of three years of service, a Civil Judge-cum-Judicial Magistrate would be eligible for promotion to the higher cadre of Chief Judicial Magistrate in the pay scale of Rs.11000-350-16250. There are two such promotional posts of Chief Judicial Magistrates.

2.22.30 The Rules regulate the appointment to the Superior Judicial Service by direct recruitment and also by promotion. 33 per cent of the posts are filled up by direct recruitment from amongst the members of the bar with seven years practice and the remaining 67 per cent of the posts are filled up by promotion from Sikkim Judicial Service.

2.22.31 At present, there are 6 posts in the cadre carrying the pay scale of Rs.10650-325-15850. One post of selection grade in the pay scale of Rs.15100-400-18300 is available for promotion to eligible members of the service on completion of 9 years of service in the cadre. Further, one post is available in the super time scale of Rs.18400-500-22400 to an eligible member on completion of 6 years of service in the selection grade subject to availability of vacancy.

2.22.32 Direct recruits to the service will be on probation for a period of two years and promoted officers, if appointed against permanent posts, will be on probation for a period of one year.

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