Sikkim Democratic Front calls Golay's swearing-in unjust

Pawan Chamling demands state’s special constitutional provision enshrined in Article 371F be amended that vests unprecedented power on governor

SDF president Pawan Chamling addresses the press conference in Siliguri on Tuesday: Passang Yolmo

Rajeev Ravidas   |   TT  |   Siliguri   |   07.12.22  :  Sikkim Democratic Front (SDF) president Pawan Chamling has demanded that the state’s special constitutional provision enshrined in Article 371F be amended by removing clause (g) of the Act that allegedly vests unprecedented power on the governor.

Addressing a press conference here on Tuesday, Chamling said P. S. Tamang (Golay) had been appointed the chief minister on May 27, 2019, by governor Ganga Prasad by allegedly using the powers vested on him by clause (g) of 371F even though Golay had been debarred from contesting any election at that time because of his conviction in a corruption case.

“The main reason (for Golay’s appointment) is Article 371F (g) of the Constitution which bestows special power on the governor. And by using that power, he (the governor) appointed or nominated a convicted person who was debarred from contesting an election for six years, a person who was not even an MLA (at that time),” said Chamling, terming the governor’s decision as being “unjust” to the people of Sikkim.

“Till such time the special power of the governor under 371F (g) is removed, a fullfledged state or full-fledged democratic government cannot be established in Sikkim,” the former five-time chief minister added while calling for amending the clause to bring the powers of Sikkim’s governor on a par with those in any other state.

Clause (g) of 371F says: “The Governor of Sikkim shall have special responsibility for peace and for an equitable arrangement for ensuring the social and economic advancement of different sections of the population of Sikkim and in the discharge of his special responsibility under this clause, the Governor of Sikkim shall, subject to such directions as the President may, from time to time, deem fit to issue, act in his discretion.”

Chamling said Sikkim had merged with India in 1975 to usher in democracy, but the powers bestowed on the governor by clause (g) were an antithesis to it. “Such a special power is vested on the governor of Sikkim which is not provided to any other state by the Constitution,” he added.

Golay was sworn in as the chief minister on May 27, 2019, following the victory of his Sikkim Krantikari Morcha (SKM) in the Assembly elections held earlier on April 11. At the time of his appointment, the six-year bar on his contesting any election was standing which meant he couldn’t have got himself elected to the Assembly within six months of his appointment as required by law.

However, Golay had contested and won a byelection that was held on October 21 of the same year to enable him to continue as the chief minister after the Election Commission of India had in September reduced his debarment period from contesting an election from six years to just a year and a month.

Chamling, however, didn’t want to comment on the role of the poll panel on the episode since the matter, he said, was sub-judice. A case challenging the appointment of Golay as the chief minister has been pending before the Supreme Court of India.

During his hour-long press conference, Chamling also regretted that in over 75 years of India being independent, the country had not given due recognition to the Nepali-speaking community by ignoring many deserving persons for higher constitutional posts like ministers in the Union cabinet, governors, ambassadors and judges of the Supreme Court.

Chamling also said the SDF was opposed to the merger of Darjeeling with Sikkim.