Supreme Court of India
State of Sikkim v. Surendra Prasad Sharma and Ors. Etc. Etc.
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What the Court ordered
For the foregoing reasons we are of opinion that the view taken by c the High Court is unsustainable.
Judgment, page 29
From the headnote
Constitution of India-Article 371, (kj-J'Laws in Force"-Held, in cludes subordinate legislation and hence includes Sikkim Government Estab lishment Rules 1974-Adaptation Orders under Article 371- (1) and adoption of the said Rule with modifications under Ariicle 309-held, did not detract from their Character as "law in force"-Non obstante clause protects all existing laws even if they conflict with provisions of the Constitution.…
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