Sikkim is a mountain-State in the North-East of India of an area of about 7200 sq. km. on the Eastern Himalayas. It has a population of about four lakhs. Sikkim is of strategic location bounded, as it is, on the West by Nepal, on the North by Tibet, on the East by Bhutan and on the Southern and Western sides by the State of West Bengal in the Indian Union. It lies astride the shortest route from India to Tibet. The State is entirely mountainous. Covered with dense forests, it lies in the Northern-most Areas in Lachen and Lachung. Mountains rise to 7000 m and above Kanchenjunga (8,579 m) being World’s Third Highest Peak. Sikkim has several hundred varieties of orchids and is frequently referred to as botanist’s paradise’. (“India 1991” page 930).
To the historian, Sikkim’s history, lore, culture and traditions are a fascinating study. The early history of this mountainous land is lost in the mists of time. But it is said that in 1642, Phuntsog Namgyal became the first Chogyal, the spiritual and temporal Ruler in the Namgyal dynasty which ruled Sikkim till it joined the mainstream of Indian polity in 1975.
The main inhabitants of Sikkim are the Lepchas, the Bhutias and the later immigrants from Nepal. The Lepchas were the original indigenous inhabitants. The Bhutias are said to have come from Kham in Tibet during the 15th and 16th centuries. These people of Tibetan origin are called Bhutias- said to be a derivative from the word “Bod” or “Tibet” – and as the tradition has it took refuge in the country after the schism in Tibet in 15th and 16th centuries.
One of their Chieftains was crowned the ‘Chogyal’ of Sikkim in 1642. It would appear that Sikkim was originally quite an extensive country but is stated to have lost large chunks of its territories to Nepal and Bhutan and finally to the British. Lepchas and Bhutias are Buddhists by religion.
Political History of Sikkim
Sikkim was a British protectorate till 1947 when the British paramountcy lapsed whereafter under a Treaty of the 3rd December, 1950 with India, Sikkim continued as a protectorate of India. Over the past century there was large migration into Sikkim of people of Nepalese origin. The influx was such that in the course of time, Sikkimese of Nepalese origin constituted almost 2/3rd of Sikkim’s population. There has been, accordingly, a clamour for protection of the original Bhutias-Lepchas now an ethnic majority from the political voice and expression being sub- merged by the later immigrants from Nepal.
These ethnic and demographic diversities of the Sikkimese people; apprehensions of ethnic dimensions owing to the segmental pluralism of the Sikkimese society and the imbalances of opportunities for political expression are the basis of – and the claimed justification for – the insertion of Article 371-F.
Pursuant to Article 371-F and the corresponding consequential changes brought about in the Representation of the People Act, 1950, Representation of the People Act, 1951, as amended by the Election Laws (Extension to Sikkim) Act, 1976 and the Representation of the People (Amendment) Act, 1980, 12 out of the 32 seats in the Sikkim Assembly are reserved for the Sikkimese of “Bhutia-Lepcha” origin and one seat for the “Sangha”, Buddhist Lamaic monasteries the election to which latter being on the basis of a separate Electoral roll in which only the “Sanghas” belonging to the Lamaic monasteries recognised for the purposes of elections held in Sikkim in April, 1974, are entitled to be registered.
In R.C. Poudyal v. Union of India (1993), these reservation of seats were challenged by the petitioners who were Sikkimese of Nepali origin as violative of the fundamentals of the Indian constitutionalism and as violative of the principles of republicanism and secularism forming the bedrock of the Indian constitutional ethos.
The basic contention was that Sikkim citizen is as much as citizen of the Union of India entitled to all the Constitutional guarantees and the blessings of a Republican Democracy. That was held valid by the majority view in the judgment. Although, minority view Chief Justice L.M. Sharma expressed its views on the danger of special electorate, and potential danger of that.
People’s Movement for the demand of Responsible Government
It is necessary here to advert to the movement for the establishment of a responsible Government in Sikkim and of the evolution of its political institutions.
By a Royal Proclamation of 28th December, 1952, State Council was set-up in which out of the 12 elected members, 6 were to be Bhutias-Lepchas and the other 6 Sikkimese of Nepalese origin.
Sikkim was divided into four constituencies with the following break-down of the distribution of seats between Bhutias-Lepchas and the Nepalis:
(i) Gangtok Constituency 2 Bhutia-Lepcha 1 Nepali
(ii) North-Central Constituency 2 Bhutia Lepcha 1 Nepali
(iii) Namchi Constituency 1 Bhutia Lepcha 2 Nepalis
(iv) Pemayangtse Constituency 1 Bhutia Lepcha 2 Nepalis
By “the State Council and Executive Council Proclamation, 1953″ dated 23rd March, 1953, a State Council of 18 members consisting of 12 elected members, 5 nominated members and a President to be nominated by the Maharaja was constituted. Out of the 12 elected members, again 6 were to be Bhutias- Lepchas and the other 6 of Nepalese origin.
Clauses 1, 2 and 3 of the Proclamation read,
“1 This Proclamation may be cited as the State Council and Executive Council Proclamation, 1953, and shall come into operation immediately on its publication in the Sikkim Government Gazette.
2. There shall be constituted a State Council for the State of Sikkim.
3. The State Council shall consist of (a) A president who shall be nominated and appointed by the Maharaja; (b) Twelve elected members, of whom six shall be either Sikkim Bhutia, or Lepcha and the remaining six shall be Sikkim Nepalese; and, (c) Five members nominated by His Highness the Maharaja in his discretion.”
In 1958, the strength of the council was increased to 20. The breakup of its composition was as under:
(1) Seats reserved for Bhutia & Lepchas 6
(2) Seats reserved for Nepalis 6
(3) General seat 1
(4) Seat reserved for the Sangha 1
(5) Nomination by His Highness 6
By the “Representation of Sikkim Subjects Regulation, 1966” dated 21.12.1966 promulgated by the then Chogyal, the State Council was to consist of territorial constituencies as under
1. Bhutia-Lepchas 7
2. Sikkimese Nepalese 7
3. The Sanghas 1
4. Scheduled Caste 1
5. Tsong 1
6. General seat 1
7. Nominated by the Chogyal 6 Total =24
The year 1973 saw the culmination of a series of successive political movements in Sikkim towards a Government responsible to the people. On 8th May, 1973, a tripartite agreement was executed amongst the Ruler of Sikkim, the Foreign Secretary to the Government of India and the political parties representing the people of Sikkim which gave expansion to the increasing popular pressure for self-Government and democratic institutions in Sikkim. This tripartite agreement envisaged the right of people of Sikkim to elections on the basis of adult suffrage. It also contemplated the setting up of a Legislative Assembly in Sikkim to be re-constituted by election every four years.
The agreement declared a commitment to free and fair elections to be overseen by a representative of the Election Commission of India.
Clause 5 of the Tripartite agreement said:
“(5) The system of elections shall be so organised as to make the Assembly adequately representative of the various sections of the population. The size and composition of the Assembly and of the Executive Council shall be such as may be prescribed from time to time, care being taken to ensure that no single section of the population acquires a dominating position due mainly to its ethnic origin, and that the rights and interests of the Sikkimese Bhutia Lepcha origin and of the Sikkimiese Nepali, which includes Tsong and Scheduled Caste origin, are fully protected.”
This agreement was effectuated by a Royal Proclamation called the Representation of Sikkim Subjects Act. 1974. The reservations of seats under this dispensation were as under
“3. The Assembly shall consist of thirty-two elected members. (i) Sixteen Constituencies shall be reserved for Sikkimese of Bhutia Lepcha origin.
(ii) Out of these sixteen constituencies, one shall be reserved for the Sangha.
(i) The remaining sixteen constituencies shall be reserved for Sikkimese of Nepali, including Tsong and Scheduled Caste, origin.
(ii) Out of the above-mentioned sixteen constituencies of reserved for Sikkimese of Nepali origin, one constituency shall be reserved for persons belonging to the Scheduled Castes notified in the Second Schedule annexed hereto.”
Government of Sikkim Act, 1974
The Sikkim Assembly so elected and constituted, passed the Government of Sikkim Act, 1974 “for the progressive realisation of a fully responsible Government in Sikkim and for further strengthening close ties with India”.
Para 5 of the Tripartite agreement dated 8.5.1973 was incorporated in Section 7 of the said Act. Sections 30 and 33 of the said Act further provided
“30. For the speedy development of Sikkim in the social, economic and political field, the Government of Sikkim may
(a)request the Government of India to include the planned development of Sikkim within the ambit to the Planning Commission of India while that Commission is preparing plans for the economic and social development of India and to appropriately associate officials from Sikkim in such work;
(b) request the Government of India to provide facilities for students from Sikkim in institutions for higher learning and for the employment of people from Sikkim in the public services of India (including All India Services), at par with those available to citizens of India;
(c) seek participation and representation for the people of Sikkim in the political institutions of India.”
“33. The Assembly which the has been formed as a result of the elections held in Sikkim in April, 1974, shall be deemed to be the first Assembly duly constituted under this Act, and shall be entitled to exercise the powers and perform the functions conferred on the Assembly by this Act.”
Article 2A of the Constitution introduced by the Constitution (35th Amendment) Act, 1974 was the Indian reciprocation of the aspirations of the Sikkimese people and Sikkim was given the status of an “Associate State” with the Union of India under terms and conditions set out in the 10th Schedule inserted in the Constitution by the said Constitution (35th Amendment) Act, 1974.
Abolition of ‘Chogyal’ Post
The year 1975 witnessed an uprising and dissatisfaction of the people against the Chogyal. The Sikkim Assembly, by a unanimous resolution, abolished the institution of “Chogyal” and declared that Sikkim shall thenceforth be “a constituent unit of India enjoying a democratic and fully responsible Government”. The resolution also envisaged an opinion-poll the matter. Its resolution was endorsed by the people of Sikkim in the opinion-poll conducted on 14.4.1975.
The Constitution (36th Amendment) Act, 1975 came to be passed giving statehood to Sikkim in the Indian polity Article 2A was repealed. Article 371-F introduced by the 36th Constitutional Amendment, envisaged certain special conditions for the admission Sikkim as a new State in the Union of India. Certain legislative measures for amendments to the Electoral Laws considered necessary to meet the special situation of Sikkim, were also brought into force. Clause (f) Article 371F reads:
“(f) Parliament may, for the purpose of protecting the rights and interests of the different sections of the population of Sikkim, make provision for the number of seats in the Legislative Assembly of the State of Sikkim which may be filled by candidates belonging to such sections and for the delimitation of the assembly constituencies from which candidates belonging to such sections alone may stand for election to the Legislative Assembly of the State of Sikkim.’
The Election Laws (Extension to Sikkim) Act, 1976 sought to extend, with certain special provisions, the Representation of the People Act, 1950 and the Representation of the People Act, 1951 to Sikkim. Section 25A of the said Act provides:
“25-A. Conditions of registration as elector in Sangha Constituency in Sikkim Notwithstanding anything contained in sections 15 and 29, for the Sangha Constituency in the State of Sikkim, only the Sanghas belonging to monasteries, recognised for the purpose of the elections held in Sikkim in April, 1974, for forming the Assembly for Sikkim, shall be entitled to be registered in the electoral roll, and the said electoral roll shall, subject to the provisions of sections 21 to 25, be prepared or revised in such manner as may be directed by the Election Commission, in consultation with the Government of Sikkim.”
Representation of the People (Amendment) Ordinance, 1979
By the “Representation of the People (Amendment) Ordinance, 1979″ promulgated by the President of India on 11.9.1979, amendments were introduced to the Representation of the People Act, 1950 and the Representation of the People Act, 1951 to enable fresh elections to the Sikkim Assembly on certain basis considered appropriate to and in conformity with the historical evolution of the Sikkim’s political institutions the Ordinance was later replaced by Representation of the People Amendment) Act, 1980 by which subsection (1-A) was inserted in Section of the Representation of the People Act, 1950.
That sub-section provides:
“(1-A). Notwithstanding anything contained in sub-s. (1), the total number of seats in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act 1980 to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which (a)twelve seats shall be reserved for Sikkimese of Bhutia Lepcha origin; (b)two seats shall be reserved for the Scheduled Caste of that State; and (c)one seat shall be reserved for the Sanghas referred to in Section 25-A.
Explanation: In this sub-s. ‘Bhutia’ includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherps, Tibetan, Tromopa and Yolmo.”
Section 5-A was also introduced in the Representation of the People Act, 1951. Sub-section (2) of Section 5A provides:
“5A (2) Notwithstanding anything contained in Section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement of the Representation of the People (Amendment) Act, 1980 unless
(a)in the case of a seat reserved for Sikkimese of Bhutia Lepcha origin, he is a person either of Bhutia or Lepcha origin and is an elector for any assembly constituency in the State other than the constituency reserved for the Sanghas’
(b)in the case of a seat reserved for the Scheduled Castes, he is a member of any of those castes in the State of Sikkim and is an elector for any assembly constituency in the State;
(c)in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and
(d)in the case of any other seat, he is an elector for any assembly constituency in the State.”
Reference
R.C. Poudyal v. Union of India (1993)