Gangtok : Former Chief Minister Pawan Kumar Chamling has asserted on the recent Supreme Court verdict on IT exemption in Sikkim to have ‘made Sikkim Subject irrelevant and adopted Article 14 in Sikkim’.
Stressing on ‘identity crisis’ for Sikkimese, the SDF MLA highlighted how the ‘issue is above party affiliation’ and needs a collective solution.
He supported the resolution on distinct identity of Sikkimese in terms of Article 371F and special status given to the Sikkimese at the time of merger, which was later passed by the Assembly on Thursday, in the absence of Chamling, who left after presenting his argument and suggestions.
Addressing the legislators during a special session of Sikkim Legislative Assembly on Thursday, Chamling, the lone opposition legislator, said, “The term Sikkimese has been tampered with, now every resident is Sikkimese as per the Supreme Court verdict. It is tampering with the special provision under Clause M and K of Article 371F. This has been carried out on the basis of Article 14 (Right to Equality). Now Bhutia, Lepcha, Nepali, old settlers and even Indian citizens in Sikkim are Sikkimese.”
“They have made us equal not just in IT exemption but in our rights with or without Sikkim Subject. The term Sikkimese, Sikkim Subject and Article 371F have been made irrelevant,” the former CM added.
Chamling suggested all provisions under the May 8 agreement and Article 371F must be provided to the original inhabitants of Sikkim. He suggested the government of the day to lead an all-party delegation to the Centre to fight for Sikkimese identity. He reminded the House about Sikkim merger with India under article 371F of the Indian Constitution and the special provision that it holds.
Later in the day, Chamling addressed a press conference at the SDF party office in Gangtok.
On the failure of SDF government to file a writ petition against the ‘immigrant tag’ in 2013 when the case was registered, Chamling said, “We were given 20 hearing dates as respondents in the case. Initial years were spent on providing appropriate documents than discussing on the merit and demerit of the case. There were hardly any discussions; it was only after we left the government that the case caught speed with 25 hearings since 2019. In the final hearing on August 11, 2022, discussions happened. But the government made no submissions about removing ‘Sikkimese’ as being unconstitutional. The old settlers on the contrary made their submission immediately on August 12.”
Chamling demanded the government to release a white paper on the affairs involving the old settlers IT exemption. “The issue concerning old settlers and their IT exemption must be presented by the government in white paper. Everyone in Sikkim deserves to know what happened in the court verdict. The affidavit filed by the government must be made public. Our affidavit is in the public forum. Only then, will we know who was honest about the IT exemption issue.”
Chamling also urged the government to decide between Citizen Amendment Act and Inner Line Permit in Sikkim, suggesting that both do not go together.
“Home Minister has asked for Assembly Resolution on the implementation of ILP in Sikkim. We have to get rid of CAA passed in 2019 in order to implement ILP, otherwise ILP will not be implemented. The forming of ILP committee will not guarantee ILP,” he further said.
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