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JAC holds all party meet on SC observation on Sikkimese Nepali; adopts 4 resolutions

First Published: 19th February, 2023 9:00 IST

Representatives of the Sikkim Krantikari Morcha (SKM), Sikkim Democratic Front (SDF), Citizen Action Party (CAP), Sikkim Republican Party (SRP), Hamro Sikkim Party (HSP), Bharatiya Janta Party (BJP), Indian National Congress


An all party meeting was organised in Gangtok by the Joint Action Council regarding the re-verdict issued by the Supreme Court.

Core issues pertaining to the matter were discussed at length in the meeting.

Representatives of the Sikkim Krantikari Morcha (SKM), Sikkim Democratic Front (SDF), Citizen Action Party (CAP), Sikkim Republican Party (SRP), Hamro Sikkim Party (HSP), Bharatiya Janta Party (BJP), Indian National Congress (INC) and Aam Aadmi Party (AAP) attended the meeting.

4 resolutions were adopted in the all party meeting.

  1. It was announced that the Supreme Court of India has though, clarified in it’s judgement dated 8th February 2023 that the definition of “Sikkimese” as referred in the case of AOSS versus Union of India is relevant for the purpose of the explanation to clause 26 (AAA) of section 10 of the Income Tax Act, 1961 only.
  2. Besides the political parties also resolved that, the Supreme Court of India and the 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 the purpose of 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 soul of Sikkim is non negotiable.
  3. The other resolution adopted in the meeting was that 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.
  4. It was also decided that the Government should immediately pass a resolution seeking 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. Finally, it was also resolved that the state government should immediately cancel the provision of Residential certificate.

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