SDF chairs CEC meet at Jorethang; adopts key resolutions

Many important resolutions were adopted and passed by the Party members present in the meeting

By Prakash Adhikari

The Sikkim Democratic Front conducted an important Central Executive Committee meeting at the Zonal Party Office, Jorethang on 17th July, 2023. The meeting was presided over by the Party President Shri Pawan Chamling. Many important resolutions were adopted and passed by the Party members present in the meeting.

The Resolutions in brief are as follows. The full resolutions are presented after –

1.    Resolution no 1 – The safeguards under Article 371-F not to be diluted by the Uniform Civil Code

2.    Resolution no 2 – Increase of two seats in the Rajya Sabha and 2 seats in the Lok Sabha

3.    Resolution no 3 – 33% reservation of seats in the Sikkim Legislative Assembly for women

4.    Resolution no 4 – Implementation of Inner Line Permit

5.    Resolution no 5 – Imposition of President’s Rule considering breakdown of Law and Order in Sikkim

6.    Resolution no 6 – Revival of Old Pension Scheme after formation of SDF government in 2024

7.    Resolution no 7 – Increase Sangha Seats to 2 seats as per Burman Commission

8.    Resolution no 8 – To bring a “Satya yug” of democracy and politics in Sikkim

9.    Resolution no 9 – Reservation of seats for the Limboo and Tamang

10. Resolution no 10 – Inclusion of 11+1 Left Out Communities in the Scheduled Tribes category

11. Resolution no 11 – Demand for the visit of HH Gyalwa Karmapa Ugyen Trinley Dorje in Sikkim

12. Resolution no 12 – Protection of Article 371F and Old Laws of Sikkim

13. Resolution no 13 – Revisit of the conditions of Merger

14. Resolution no 14 – One Vote One Job (Profession)

15. Resolution no 15 – Monthly allowance of Rs 5000 per for College student

Resolution No. 1 (Uniform Civil Code) 

The 22nd Law Commission of India vide a Public Notice dated 14th June, 2023 and 14th July, 2023 have solicited views and ideas of the public and recognized religious organizations to be submitted to the Commission 28th July, 2023. As the issue of Uniform Civil Code (UCC) is of great importance in the overall interest of the State and the nation, SDF Party has taken serious note regarding this matter and its implications in the State of Sikkim, if extended, enforced and implemented.

The relevant provisions in the Constitution as laid down in the Article 371 of the Constitution provides special safeguards primarily for the people of the North Eastern States with respect to their religious or social practices, customary laws and procedures, ownership and transfer of land and its resources, etc. In the case of Sikkim, it is governed under Article 371F which reads as “Special Provisions with respect to the State of Sikkim”. In view of this special provision of Constitution it deems important to ensure that with the extension or implementation of UCC the safeguards provided under Article 371F should not be diluted nor violated in any manner whatsoever.

The matter in question being significant and important which concerns the overall interest of the nation and its people, the SDF Party deems it necessary to examine the same in a comprehensive manner before arriving to its final conclusion keeping in mind the overall rights and interests of the Sikkimese people and future of the Sikkim in the context of Article 371F.

Resolution No. 2.(Increase of Seats in Rajya Sabha and Lok Sabha)

As per the Constitution of India, the State of Sikkim forms one Parliamentary Constituency to be called the Parliamentary Constituency for Sikkim. Accordingly, the State of Sikkim has been allotted two seats in the Parliament; one for the Lok Sabha and the other for the Rajya Sabha. In the interest of the people of Sikkim and in view of the recommendations of the Burman Commission, the Sikkim Democratic Front Party deems it important to demand for the increase of existing number of seats in the Parliament to 4 (Four); two seats each in the Lok Sabha and the Rajya Sabha and further, to place this demand before the Government of India for its approval as per the law of the land.

Resolution No. 3.(Women Empowerment)    

The Sikkim Democratic Front Party is based on democratic principles and ideologies wherein social justice inter-alia women empowerment had/has always been the top priority of the Party during its government in Sikkim. Based on these democratic principles, several policies were adopted and implemented to ensure women empowerment. Historic decisions were taken in the form of law namely- 50% reservation of seats for women in Panchayati Raj and Urban Local Bodies wherein women were given opportunity to be elected as Mayor, Dy. Mayor, Zilla Panchayat Adhyaksa and Up-Adhyaksa, Panchayat Sabhapati and Up-Sabhapati, etc. and 33% reservation of seats for women in State government employment. Furthermore, in order to comply with this spirit in mind, women were also given the honour of holding various prestigious Constitutional posts like the Speaker of the State Legislative Assembly of Sikkim, Ministers of the State Cabinet, Chairpersons of various Boards and Commissions, etc. In compliance with this spirit of democratic principles, the Sikkim Democratic Front Party aims to achieve the final goal of ensuring 33% reservation of seats for women in the State Legislative Assembly of Sikkim and to place this demand before the Government of India for its approval as per the law of the land.

Resolution No. 4. (Inner Line Permit)           

Sikkim being a sensitive border State and located at a strategic position geographically, the maintenance of peace and harmony in Sikkim is vital to security and the integrity of the nation. With this background, Sikkim falls under the purview of the Protected Area and partly Restricted Area within the State itself. It may be pertinent to reflect here that even prior to the merger of Sikkim with the Union of India, 1975 certain restrictions on movement of people were applied in Sikkim under the Sikkim Work Permit Rules, 1965 which is protected under Article 371F. The said restrictions, Rules, etc., as a matter of fact, fulfills the basic condition for the enforcement/implementation of the Inner Line Permit in the State of Sikkim. Therefore, in order to ensure peace, harmony and also to safeguard the social, political and economic rights and interests of the people of Sikkim as provided under Article 371F, the Sikkim Democratic Front party earnestly demands the Government of India to extend, enforce and implement the Inner Line Permit in the State of Sikkim at the earliest possible.

Resolution No. 5. (President’s Rule)      

The prevailing position of the law and order in the State of Sikkim has been a total failure and the acts of lawlessness, violence, and the rampant misuse of government machinery to suppress the truth and the democratic voices of the people is the order of the day in the incumbent government. Furthermore, as Sikkim being a land locked State with limited resources of its own and with adverse effect of the spread of disease like Corona virus in last three years is in dire straits and a major population of the people are facing difficulty to earn their square meals for livelihood. As a matter of fact, large population of the people are engaged directly or indirectly with activities related to the tourism sectors. With the sudden drop in the in-flow of the tourists in the State, it has resulted in severe economic crisis at all levels like, hotel owners, taxi drivers, tour operators, restaurants, retailers, farmers, etc.

The prevailing state of affairs in Sikkim is indeed alarming which is proven by the fact that various unidentified bodies are being found in almost daily basis, numerous suicidal cases are being reported, increasing numbers of drug peddling cases; cases of theft, pilferage, robbery, etc; cases of stone pelting on cars, individuals, private buildings, political Party offices, etc; MCX scam, money laundering, flow of large quantity of contraband substances/drugs seized and reported by the police, cases of threatening, fear psychosis and sense of insecurity, etc. has dominated the overall environment of the State.  

The glaring incident of the brutal attack perpetrated against Shri Keshav Sapkota during a peaceful procession at Singtam, in the presence of police personnels reflects an example of the total lawlessness, violation of the rule of law which exists today.

The recent incident of the mysterious death case of late Padam Gurung, SRC President of Namchi Degree College has left every law-abiding citizen of State of Sikkim in a state of shock and concern. It is disheartening to note that the police after so many days after the body of the deceased was found in Namchi, the investigation agencies have failed to arrive at a satisfactory conclusion. In course of investigation of the matter, few police officers connected to the case were transferred and the matter was handed over to a Special Investigation Team (SIT). Thereafter, the case has been handed over to an inquiry Commission headed by a former Chief Justice. The series of events and delay in proper investigation of the matter reflects total failure and lapses on the part of the police administration. Furthermore, various issues such as the non-functioning of the CCTV camera which was found near the place of occurrence, non arrest of certain individuals who are primary suspects based on the reports of the different media platforms, etc. cast great doubt and suspicion in the cause of the death of the deceased Late Padam Gurung.

With these facts and circumstances existing in the State of Sikkim today clearly reflects the breakdown of the law and order and rule of law. Therefore, Sikkim Democratic Front Party demands that the rule of law must be restored immediately and further demands the Government of India to impose President’s Rule in the State of Sikkim under Article 356 of the Constitution of India.

Resolution No. 6. (Old Pension Scheme)

During SDF government we had provided government jobs to approximately 1 (One) lac unemployed persons of Sikkim and have also opened up avenues for employment in the private sector. We have also provided ample opportunity of promotions for government employees/officials as well as Income Tax exemption in their salaries that has benefitted them amply. As such, the SDF Government had been an employee-friendly government.

Now, that it has been learnt that our government employees are insistently demanding for the revival of the Old Pension Scheme which would give them a substantial economic relief and benefit in their active service as well as in their retirement life.

Keeping in view of the larger interest of the government employees of our State the SDF party assures to all concerned that as soon as we assume the government in 2024, we would revive the Old Pension Scheme.

Resolution No. 7.(Sangha Seat)    

The seats for Sangha in the State Legislative Assembly of Sikkim be increased to 2 (Two) seats from the existing one reserved seat as per the recommendation of the Burman Commission.

Resolution No. 8. (Satya Yuga-Level of Politics)    

The level of politics and the system of governance in the State of Sikkim has, at the present scenario, sunken below zero. It has lost its ideals and fundamentals of democracy. The politics in the State of Sikkim, instead of being an instrument to serve the masters of democratic system, the public, has now been used by the vested interest people to grab power by alluring the public in petty things and floating false narratives/promises to misguide the general public. The overall situation has turned alarming and heading the State towards a catastrophe for democracy. The SDF Party resolves to right all these wrongs, sanctifying the pollution in prevailing politics and commits to bring back the ”satya yuga” of democracy in Sikkim politics i.e. the advocacy of truth and a cut throat competition in serving better and better to the marginal citizens of the State.

Resolution No. 9.(Reservation Seats for Limboo and Tamang)

The SDF Party reiterates its demand to the government of India requesting for the passing of relevant enactments or laws by the Parliament or the Government of India thereby providing reserved seats for the Limboo and Tamang communities in the Sikkim Legislative Assembly as per Article 371F(f) read with Article 332 of the Constitution of India. The Party is of the firm view that this demand of the people is considered favorably by the Government of India, it would provide great justice to these communities who are very much a part and parcel of the euthenics Sikkimese society. However, for the purpose of record and for the correct understanding of the matter as prescribed by law it is deemed correct that if this demand is considered than it should under no circumstances affect adversely or otherwise the position of the existing 12 (Twelve seats) and the Sangha Seat which are reserved for the Bhutia-Lepcha Communities in the Sikkim Legislative Assembly. The said 12 (Twelve) assembly seats have been reserved as Bhutia Lepcha seats and not as seats reserved for the Scheduled Tribes. Further, the Sangha seat is exclusively reserved for the Sangha. These are special rights which have been provided as a sequel to the 8th May Agreement of 1973 and protected by the Constitution of India.

Resolution No. 10. (Inclusion of 11+1 Left-out Communities in the ST category)        

During our SDF government we had placed several demands to the government of India for the inclusion of the 11 left-out communities of Sikkim (Khambu Rai, Gurung, Mangar, Bhujel, Bahun/Chettri(Khas), Newar, Jogi/Sanyasi, Sunuwar/Mukhia, Thami, Yakha-Dewan) and now 11+1 by the inclusion of Majhi who had been delisted from Scheduled Caste in 2015, under the category of Scheduled Tribes as per the Article 342 read with Article 371F of the Constitution of India.

In order to ensure and to provide equitable rights and privileges to all the sections or the ethnic communities of Sikkim, the SDF Government has placed its demand to the Government of India to increase the existing 32 seats in the Sikkim Le4gislative Assembly to 40 seats (This is as per the recommendation of the Burman Commission). The Party reiterates its demand to the Government of India to pass necessary enactments or laws by the Parliament or the Government of India to define or categorize the said 12 Left-out Communities of Sikkim as Scheduled Tribes or included in the list of Scheduled Tribes as per the relevant provisions of the Constitution.

Further, as requested by the then Government of Sikkim prior to 2019, the existing 32 seats in the Sikkim Legislative Assembly may also be increased to 40 seats for the purpose of ensuring social and political rights to the different section of the population of Sikkim. This would also tantamount to restoring several rights and privileges to these ethnic communities which have been inadvertently lost during the process of merger of Sikkim into the Union of India.

Resolution No. 11.(HH Gyalwa Karmapa Ogyen Trinley Dorje)

In response to the sincere efforts and constant demands placed by the Sikkim Democratic Front (SDF) Party and the then SDF Government, the Government of India was pleased to grant permission to His Holiness Gyalwa Karmapa Ogyen Trinley Dorje to visit Sikkim which is known to all. Due to certain reasons His Holiness could not visit Sikkim till now.

Despite of the fact that the incumbent government in Sikkim had assured and promised the people of Sikkim to see that His Holiness will be brought to Sikkim as soon as they came to power but unfortunately, even after the formation of its government and lapse of 4 years and more, the present government has failed to keep up to its promise which has deceived the hopes and aspirations of the people of Sikkim.

The SDF Party repeats and reiterates its stand/demand and prays for the auspicious visit and the benign presence of His Holiness in Sikkim so the people of Sikkim receive his precious blessings and spiritual guidance.

Resolution No. 12 (Article 371F and Old Laws)      

The principal ideology of the Sikkim Democratic Front (SDF) Party is to safeguard the special rights, interests and identity of Sikkim and its people as provided under Article 371 F of the Constitution of India. Based on these principles and ideologies, the SDF Party was successful in protecting the old laws for instance ensuring employment in the State government to the local Sikkimese people holding Sikkim Subject Certificate and Certificate of identification as guaranteed under Rule 4(4) of the Sikkim Government Establishment Rules, 1974.

Furthermore, the Party has always stood firm on the issue regarding the old laws on transfer of land in the rural areas to be executed only in favour of or amongst the local Sikkimese people holding Sikkim Subject Certificate and Certificate of identification. In addition to this one of the special land laws referred to under Revenue Order No I 1917, the interpretation of the same and its sprit in application has always been safeguarded.

Resolution No. 13. (Article 371F and Revisit )

In order to understand and appreciate the provisions of Article 371F of the Constitution, in letter and spirit, one must revisit/review the tenets of terms and conditions of Sikkim’s merger with the Union of India on 26th April, 1975. The important sequence of events in brief are- the Indo-Sikkim Treaty, 1950; the 8th May Tripartite Agreement, 1973; the Government of Sikkim Act, 1974; the 35th Constitutional Amendment Act, 1975; the Resolution passed by the Sikkim Assembly on 10th April, 1975 and the Referendum conducted on 14th April, 1975. The Sikkim Assembly on the 10th of April, 1975 solemnly declared and resolved that “the institution of the Chogyal is hereby abolished and Sikkim shall be henceforth a constituent of India, enjoying a democratic and fully responsible government”. Subsequently, on 14th April, 1975 a referendum took place where 59,637 voted for the resolution and 1,496 voted against. Thus, Sikkim unilaterally endorsed the resolution passed by the Sikkim assembly and became the 22nd State of India. Thus, the merger of Sikkim took place solely on the strength of the resolution passed by the Sikkim Assembly and the referendum endorsed by the people of Sikkim.

Hence, today let us once again pass another important resolution to revisit the terms and conditions of the merger as the Sikkimese people mostly the Sikkimese Nepalese who participated and endorsed the referendum have been termed as “Foreigners” as per the judgement of the Supreme Court dated 13th January, 2023, along with continuous subjugation and indignation of the indigenous Nepalese origin of Sikkim.  Later, Finance Act, 2023 was passed by the Parliament on 31st March, 2023 wherein Section 10 (26AAA)(iv) and (v) of IT Act, 1961 is inserted without any debate in the Parliament which has raised great concern and sense of insecurity amongst the people of Sikkim at large.

Thus, looking back on the important historic treaties and agreements and political developments that followed since 1950 the merger of Sikkim is solely as per the wishes of the people of Sikkim and consent of the Government of India. Taking considerations of the last 50 years of democracy in Sikkim, its growth and consequences, it is the right time to REVISIT and REVIEW the terms and conditions of the merger to safeguard the distinct identity, rights and interests of Sikkim and its people.

Resolution No. 14. (One Vote One Job (Profession)

The Sikkim Democratic Front (SDF) Party has always worked for the overall welfare and progress of the younger generation of the Sikkimese Society. In the last 25 years in government, the Party had framed and implemented several creative, innovative and farsighted policies and programmes in the interest of the students and youths of Sikkim.

The Party is, further, committed to take its programmes forward in the interest of the youths of Sikkim.  The SDF Party is fully geared to take forward our future programme “One Vote One Job (Profession)” which shall be a historic and youth-centric programme for Sikkim.

Resolution No. 15. (Allowance to Students)    

The SDF Party has always provided priority for the overall welfare and wellbeing of the students of Sikkim. During the term of the SDF government several welfare schemes in the interest of the students were implemented where free uniform and books were provided to the students in all government schools, several colleges and universities were set up in the State. The Sikkim University was established as per the due process of law; various government schools were constructed as well as upgraded as requested by the public. Scholarships were provided to the students on the basis of merit. Under such scheme students were sent outside the State to prestigious educational institutions. With the enforcement and implementation of such students’-centric policies and programmes the level of educational qualifications amongst youths of Sikkim has grown rapidly in a short span of time. This has also resulted in large number of students from humble families from rural areas who are receiving higher education in various colleges and universities in the State of Sikkim. Therefore, keeping in view, certain difficulties faced by the students studying in different colleges and universities in Sikkim, the SDF Party has decided to take a policy decision to provide a monthly allowance of Rs. 5,000/- to each student in order to facilitate and meet their basic expenses like house rents, transportation, etc.

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