Gangtok: Sikkim passed four resolutions in an all-party meeting called by Joint Action Council in Gangtok on Saturday, delving into Article 371F being non-negotiable, parliamentary debate on the Representation of People’s (Amendment) Act 1980 with regards to Nepali seat reservation in Sikkim Assembly, cancelling the provision of Residential certificate and others.
The all-party meeting saw eight political parties attend the meeting. This included ruling Sikkim Krantikari Morcha and their alliance partner Bharatiya Janata party along with opposition parties Sikkim Democratic Front party, Indian National Congress, Hamro Sikkim Party, Sikkim Republican Party, Aam Aadmi Party and newly-formed Citizen Action Party. The resolutions were passed unanimously, welcoming them with claps without any opposition to the four demands of the Joint Action Council.
The four resolutions are:
- Supreme Court of India has though, clarified in its judgement on February 8, 2023, that the definition of “Sikkimese” as referred to in the case of Association of Old Settlers (AOSS) versus Union of India is relevant for the explanation to clause 26 (AAA) of section 10 of the Income Tax Act, 1961 only. In the light of the above observation of the Supreme Court of India, State Government should pass a Resolution in the State Assembly of Sikkim or issue an official notification stating that the “Sikkimese” term shall not be infringed at any cost either for Income Tax exemption or any other rights and privileges as guaranteed to Sikkimese people under Article 371F of the Constitution of India. Article 371F being the soul of Sikkim is non-negotiable.
- The State Government should constitute a Committee of eminent Legal and Constitutional Experts to study all the documents in the light of historical perspective to safeguard the rights and privileges of Sikkimese as enshrined in the Old Laws protected by the Article 371 F of the Constitution of India from further erosion and dilution.
- State Government should immediately pass a resolution seeking a parliamentary debate on the Representation of People’s (Amendment) Act 1980 as per the standing parliamentary assurance of January 1980 regarding the seat reservation of Sikkimese Nepali community in the State Assembly of Sikkim based on provisions of Article 371F and 8th May Tripartite Agreement 1973.
- State Government should immediately cancel the provision of a Residential certificate.
All parties took the podium to speak on the unity of Bhutia, Lepcha and Nepali communities of Sikkim, majorly defined as the Sikkim Subjects by the erstwhile Chogyal regime during the May 8, 1973, Tripartite Agreement which laid the foundation for Article 371F adoption in Sikkim on April 26, 1974, for protection of Sikkimese identity. Some of the parties also spoke on behalf of the old settlers.
But, the general opinion delved into the definition of Old Settlers of Sikkim and the year to be taken for their migration to Sikkim. The general opinion concerning the Sikkimese Nepali community was heavily asserted by every political party to be ‘original inhabitants’ of Sikkim.
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