Chogyal, the ruler of Sikkim, was an autocratic ruler anxious to regain his absolute power, while the people were becoming more aware of their rights in the changing world. By the middle of the century, encouraged by the developments in India which was not only neighbouring country but on which Sikkim was solely dependent for its vital needs including defence, they were able to build up a formidable force demanding establishment of a truly democratic government. The materials on record fully establish that in this struggle of power, Chogyal had to heavily rely on Bhutia-Lepchas, who were close to him as he was one from that group.
The records also show that protest in vain was made to the British General posted in the area, long time back when the Nepalis were arriving on the scene. The Bhutia Lepchas, who were following the Buddhist religion, were paying high respect for the Lamas who were enjoying the patronage of Chogyal. Appreciating their usefulness the Chogyal later earmarked a seat for them on the basis of a separate electorate in 1958.
When public demand for effective participation in the administration grew stronger, the Chogyal adopted the line of appeasement by establishing a Council where initially 12 members were divided half and half (vide the Proclamation of 28th December, 1952) between the Bhutia-Lepchas on the one hand and the Nepalis on the other. But soon he appreciated that unless he reserved to himself the right to induct some more nominees of his own, his position would be jeopardised.
He, therefore, hurriedly issued another Proclamation within 3 months, on the 23rd March, 1953, declaring that 6 more members would be included in the Council to be nominated by him in his discretion including the President of the Council. In Article 26 he expressly declared that notwithstanding the provisions of the other Articles he would be retaining his power to veto any decision made by the Council and substitute his own decision therefore.
Tripartite Agreement 8th May, 1973
The steps taken by the Chogyal could not control the demand for democracy and the public agitation gathered more support. Ultimately the people came out victorious, not only in getting rid of the Chogyal, but also in their demand for democracy to be established on the lines as in India.
The Chogyal, of course, in his vain attempt to retain his authority, was trying to scuttle away the overwhelming public opinion by one method or the other and with that view, was trying, to give weightage to Bhutia Lepchas, to which group he himself belonged and on whose support he could count, and in this situation the Tripartite Agreement of 8th May, 1973 came to be executed.
The fact that Chogyal was going to be a party to it and was desperately trying to have something in the terms, to build his strategy on, cannot be ignored while assessing the meaning and effect of paragraph 5 of the Agreement. The Tripartite Agreement described itself in the very opening sentence as envisaging a democratic set up for Sikkim, and the Chogyal joined the people of Sikkim in declaring that he was also convinced and was in favour of the establishment of a fully responsible Government in Sikkim.
The other provisions of the Agreement unmistakably indicate that the intention was to have a democratic government in Sikkim exactly similar to the one in India. It (Agreement) provided guarantee of Fundamental Rights, the rule of law and independent judiciary, as also. “a system of elections based on adult suffrage which will give equitable representation to all sections of the people on the basis of the principle of one man one vote”.
All the three parties expressly recognised and undertook to ensure the basic human rights and fundamental freedoms of the people and that- “the people of Sikkim will enjoy the right of election on the basis of adult suffrage to get effect to the principle of one man one vote.”
Equality before law and independence of the judiciary were assured. It further recited that the Chogyal as well as the representative of the people had requested the Government of India to assume responsibility for the establishment of law and order and good administration and “to ensure the further development of a constitutional Government”, as also to provide the head of the administration described as Chief Executive to help and achieve the State’s objectives. A firm decision was taken to hold fair and free elections under the supervision of a representative of the Election Commission of India.
The Chief Executive was to be nominated by the Government of India and it was only the passing of the formal order in this regard which was left to the Chogyal. Towards the end of the Agreement it was emphasised that the Government of India was solely responsible for the defence and territorial integrity of Sikkim and for the conduct and regulation of the external relations whether political, economic or financial, and necessary powers for carrying out these responsibilities were reaffirmed.
A perusal of the document clearly indicates that the spirit of the Indian Constitution pervaded throughout the entire Agreement and the terms thereof were drafted respecting the main principles embodied in our Constitution.
Reference
R.C. Poudyal v. Union of India (1993)