Saturday, 19 December 2009

“ Sikkim still enjoys international personality in international law”
as per M. Hidayatullah’s legal observation .

Quote – “…No less eminent a jury than M. Hidayatullah, retired Chief Justice and later Vice-President of India, had opined, on his advice being sought by the Prince, on the legality of India’s action. He has held that enactments by the Indian Parliament could have no effect in altering Sikkim ’s status as an international personality.”

“In opinion of counsel, the status of Sikkim in International Law before and after the constitutional amendment in India remains exactly the same. Sikkim ’s international distinct personality is unaffected and it is a protectorate as before”. Hidayatullah stresses that the relation between India and Sikkim had vested entirely on the treaty of 1950. “A treaty cannot be contemplated unless each contracting party has a distinct sovereign international personality. The treaty 1950 discloses true indica of a distinct international personality in so far as Sikkim is concerned”.

He concluded that “ Sikkim enjoyed an international personality and still does so, although sovereignty is shared. This is a result of a historical association with India even prior to the Indo-Sikkim Treaty of 1950. This still continues inspite of the events of 1974 and the amendment of the Indian Constitution”. ….unquote.

source: VOS:( Sikkim, A Himalayan Tragedy )

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