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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/-.
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