Concerns over 'dilution' of `Sikkimese' term

NITESH R PRADHAN, SNS, GANGTOK, 30 MARCH 2023 : Joint Action Council (MC) President Shanta Pradhan has said that Sikkimese sentiments have been hurt as the recently passed Finance Bill had diluted the term "Sikkimese" by expanding the definition of the word. 

Mr Pradhan said that the development came in even as Finance Minister Nirmala Sit haraman had earlier assured that rights and privileges of the Sikkimese people would be preserved.

The Lok Sabha on Saturday passed the Finance Bill-2023 with 64 official amendments without any discussion. The Bill was tabled in Parliament on February 1, 2023, by Union Finance Minister Nirmala Sitharaman. Among other proposed amendments, the Bill aims to amend Section 10 Clause 26AAA of the Finance

Act, which would extend Income Tax exemptions to the Sikkimese people. The term "Sikkimese" refers to individuals who meet any of the following criteria: (i) their name is recorded in the Register of Sikkim Subjects maintained under the Sikkim Subjects Regulation, 1961, read with the Sikkim Subject Rules, 1961, before April 26,1975; (ii) their name is included in the Register of Sikkim Subjects by virtue of the Government of India Order No.26030/36/ 90- dated August 7, 1990, and Order of even number dated April 8, 1991; (iii) their name does not appear in the Register of Sikkim Subjects, but it is established beyond doubt that their father, husband, paternal grandfather, or brother from the same father has been recorded in that register; (iv) their name does not appear in the Register of Sikkim Subjects, but it is established that they were domiciled in Sikkim on or before April 26, 1975; or (v) they were not domiciled in Sikkim on or be fore April 26, 1975, but it is established beyond doubt that their father, husband, paternal grandfather, or brother front the same father was domiciled in Sikkim on or before April 26, 1975.

The last two clauses are newly added in the new Finance Bill.

Addressing a press conference here yesteiday evening, Mr Pradhan said that a memorandum has been submitted to Chief Minister Prem Singh Tamang (Golay), requesting the state government to issue a notification to stop the further dilution of Sikkim's special clause of the Constitution, Article37l (f), or pass a resolution in the Assembly demanding the same.

Ile further said that IT exemption could have been granted to the old settlers without expanding the definition of the "Sikkimese" term.

"We are surprised at this development even after assurances given by Union Home and Finance minister," he said. JAC will now submit the memorandum to all MLA, MPs, Government and Presidents of all political parties demanding protection of Article 371(f).

Duk Nath Nepal of the JAC added that historical evidences had been ignored while expanding the term "Sikkimese."

He also questioned the government' s alleged silence, while old laws of Sikkim, duly protected by Article 371 (f) of the Indian Constitution, were slowly being diluted.

DR Thapa, the State BJP President and MLA, also suggested that the government immediately form a committee to ensure protection of Artice 371 (f) of the Constitution, which accords special status to Sikkim and the Sikkimese people.

HSP flays 'dilution' of Article 371 (F)

Meanwhile, Hamro Sikkim Party has also condemned the "dilution" of Afticle371 (F) in the Finance Bill 2023 passed byte Lok Sabha. "The expansion of the Sikkimese definition in the Finance Bill has diluted the essence of Article 371 (F). which is a protective shield for the people of Sikkim. The double-engine government of the SKM and the BJP at the State and Centre are responsible for this dilution," said party spokesperson Biraj Adhikari.

"Article 371 (F) has been incorporated in the Constitution of India to protect the social, cultural and economic rights of the people of Sikkim. It was a solemn commitment made by the Government of India to the people of Sikkim at the time of the merger of Sikkim with India. However, the recent amendments in the Finance Bill have violated this commitment and have undermined the very spirit of Article 371 (F)," he added.

He further said that the expansion of the "Sikkimese" definition in the Finance Bill, especially in Clause-V, has paved the way for "many scams" to get tax exemption by people who are not even in Sikkim. 

"This move is a blatant disregard for the Constitutional safeguards that protect the unique identity and interests of the people of Sikkim," Mr Adhikari said.

"We call upon all the BJP MLAs of Sikkim to resign from the BJP and join the opposition to seek justice for the Sikkimese and protect Article 371 (F)," he added.