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Sikkim is a small mountainous state located in the Eastern Himalayas. It has varied terrain ranging from tropical forests at lower elevations to alpine zones with snow above 16,000 feet. The climate also varies significantly from place to place depending on elevation. Buddhism is the dominant religion, having been introduced by Tibetan monks in the 8th century. Lamaism, a form of Tibetan Buddhism, became firmly established in Sikkim in the 17th century and had strong influence over the culture and government.

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0% found this document useful (0 votes)
784 views463 pages

08 Chapter 04 PDF

Sikkim is a small mountainous state located in the Eastern Himalayas. It has varied terrain ranging from tropical forests at lower elevations to alpine zones with snow above 16,000 feet. The climate also varies significantly from place to place depending on elevation. Buddhism is the dominant religion, having been introduced by Tibetan monks in the 8th century. Lamaism, a form of Tibetan Buddhism, became firmly established in Sikkim in the 17th century and had strong influence over the culture and government.

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Miguel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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21

CHAPTER--: IV

1 SIKKIM: The Land and its People


o

Sikkim is heaven on the earth. Come and experience the wonder of


Sikkim. See Sikkim and live in the kingdom of orchids tell everyone about this
paradise. Sikkim is a picture of perfection and pristine purity in nature's
spreading scene-scape and beauty. Sikkim has often been described as a dot on
the map of India and yet it is a significant state of the Indian Union. Till
recently, Sikkim was completely cut off from the rest of the world by its
natural barriers and since 1975 it is strategically land-locked and now has
become a sensitive border State of India. Perhaps, there is no part of the world,
which offers a spectacular scene with every turn of the road to Sikkim. It is the
youngest, smallest, most beautiful and a vital border state of the Indian Union.
On clear days the Kanchenjunga the third tallest peak of the world is a
spectacular sight. Contained within the Tista basin and isolated from rest of
India by forest-clad mountains and from Tibet by the Great Himalayan range, .
Sikkim has retained a distinct identity. It soars from the tropical jungles at the
foot of eastern Himalayas to the misty alpine valleys, where prayer flags flutter
around and beside monasteries.

It is a land blessed by Lotus-born Guru Padma Sambhava. This bowl-.


like mountain-girdled state of the eastern Himalayas is bordered on the west by
Nepal, on the north by Tibet, on the east by Bhutan and on the south by
Darjeeling District of West Bengal, lying between 27° 04'50" and 28° 07'50"
north latitudes and 88° 01' and 88°56' east longitudes. North Sikkim
particularly beyond Chungthang is the highest region of the State. This area is
enclosed on all sides by lofty ranges and spurs of Greater HimalayEs with
heights varying from., 17,000 ft to 28,000 ft. The Darjeeling ridge with it;: rocks
lies in the south. The mighty peak Kanchenjunga measuring 28,168 ft. is the
Guardian Deity of Sikkim along with the Nepal Peak, Tent Peak, Pyramid,
Jonsang, Lhonak, and Pahunri. Glaciers such as Zemu, Changsang, Tista and
22

Changme cover a considerable portion of the land and affect the economy of
the State of Sikkim. The most important passes are Jelep-la, Nathu-la, Cho-la
and Thanka-la
.
in the east; Donkiua, Kongralamu and . Naku in the north and
Kanglanangma and Chia Bhajan the west. Sikkim is a mountainous terrain with
cliffs and valleys and the altitude ranges from 1000 ft. at Singtam to 12,3000 ft.
at Gnathang. Gangtok, the capital city, is situated at about 5,500 ft. above the
mean sea level. Southern Sikkim is the most widely cultivated, and the
northern, eastern and western portions of Sikkim are mostly formed of hard
massive gneissic rocks.

The most important rivers of Sikkim are Tista and Rangeet which flow
from north to south. Lachung Chhu, Zemu Chhu, Chakung Chhu, Talung Chhu
and Tangpo Chhu are the tributaries of Tista. Sikkim is described as the
catchment area of the head waters of the Tista river. Besides these rivers there
are a number of lakes and hot springs which add to the beauty and splendour of
Sikkim.

The word "Kanchenjunga" means "the five treasures" which are


represented by the five summits of this gigantic mountain. The five treasures
are salt, precious stone, religious scriptures, medicines and grains. The mount
is considered to be the invisible armour providing security to the inhabitants.
This unvanquished peak and its natural environment is revered and worshipped
by the people of Sikkim out of love mid fear. Pang Lhabsol is one of the
famous festivals of Sikkim ·and is a thanks-giving celebration in honour of
Sikkim's presiding deity, Mount Kanchendzonga. Dancers portray the guardian
deity its supreme commander Y abdu and the God Mahakala. It is a warrior
dance and the dancers are chosen for their physical strength, quick reflexes and
skill in swordsmanship.

The huge Kanchenjunga range, situated some 19 kilometers south of the


mam chain of the Himalayas, constitutes a distinctive physical feature of
Sikkim. It receives heavy discharges of rainfall from the Monsoon and is
23

covered with snow and ice, often hundreds of feet thick. Pushed by increasing
weight of snow and under the incessant pull of gravity, these masses of snow
and ice move downwards slowly in the form of glaciers and tumble over in
great avalanches. It creates a source of danger to North Sikkim and even in
other places of relative security. The Kanchenjunga has been climbed but still it
isunconquered. Charles Evans said none have set their foot on the summit in
deference to the religious feelings of the Sikkimese who regard Kanchenjunga
as sacred (The Times, June 2, 1955).

Nowhere in the world can be found the unique phenomenon of so


divergent a range of climate and vegetation telescoped into so circumscribed a
place. The temperature is not uniform in the State of Sikkim and it varies from
place to place. Sikkim is hot and humid in the valleys almost throughout the
year except during winter. Since the region is hilly with deep valleys the
climate varies from the tropical heat in the valleys to Alpine cold in the higher
altitudes. The elevations up to 5000 ft have tropical climate. The temperate
climate covers elevations between 5000 ft. to 13,000 ft. and 13,000 ft are the
alpine climate zones up to 16000 ft., which are perpetually snowbound. The
winds are not of great intensity except when accompanied by pre-monsoon
thunderstorms. The direction is generally southeasterly in the mornings and
northwesterly in the evenings.

The winter season from November to March is extremely cold. During


March and April the region experiences hailstorms. The summer is mild and
lasts from April to May. In deep valleys the heat is quite oppressive particularly
on rainy days. From June to October are the monsoon months and it rains
heavily. The weather is clear from November to February except during
periods when fog obsclires the sky. During this period it can be very cold. The
humidity is quite high during the mornings and afternoom; during the major
part of the year, for example, in Gangtok, Lachen and in the valleys. There are
heavy clouds during monsoon and in the rest of the period cloud cover is
moderate.
24

The soil is mainly siliceous and aluminous with free quartz as sand and
rich in potassium. The soil on Darjeeling genesis is a stiff reddish loam. It also
produces pure sand or stiff red clay mainly siliceous and aluminous, with free
quartz. More than half of the State is barren and has inhospitable land and this
is because the climate is generally harsh and hampers socio-economic
development. The physical environment of Sikkim is rather inhospitable
though not so harshly as to entirely preclude material advancement. The
geography of the State does seriously impede human development, both in the
past and in present Sikkim. Cultivable land forms only a small proportion and
the climate is generally harsh which hinders the developmental possibilities of
the area.

RELIGION

The original inhabitants, the Lepchas, were known as 'Banpo


Shamanister'. The first religion in Sikkim was Shamanism. In the gth century
the lotus-born Guru Padma Sambhava taught Buddhism in Sikkim. In the
erstwhile kingdom of Sikkim Buddhism was the state religion, yet there existed
all religious freedom of worship. The Hindus, the Christians, the Bonpos, the
Buddhists and a small community of Muslims and Sikhs practiced their own
faiths. Now after merger Sikkim is adhering to secularism. _

Buddhism travelled upwards from India to Tibet and was then exported
from Tibet to Sikkim and Bhutan. Truly, Sikkim emerged as a Buddhist
country, as a prototype of Lamaist Tibet, run by the Tibetan Lamas who
established the Namgyal dynasty to expand and also protect the 'Nying-ma-pa'
(Red Hat) sect of Tibetan Mahayana Buddhism.

The legendary account of the founding of the Sikkim Raj connects the
establishment of settled government with the great realistic schisms prevalent
in the Tibetan church. The first ruler Phunt-sog-Namgyal was of Tibetan
origin, then residing in Sikkim, whom three monks from the Tibetan Red Hat
25

consecrated as the ruler - the religious king with spiritual and temporal powers.
Thus the Tibetan Lamas extended the Tibetan Buddhism into Sikkim.

In fact, Sikkim was unknown to the Tibetans till 9th Century. By 11th
Century Tibetans began to settle in Sikkim and they called this new place
'Bayul Demazon' or Denjong-meaning the hidden land of rice. Along with them
they brought Tibetan Mahayana Buddhism and thus Sikkim became a colony
of Tibetans to promote trade - is the general belief

It is essential here to point out the impact and influence of Lamaism on


Sikkim. Lamaism is a superb mixture of Mahayana Buddhism with local
mythology, mysticism and magic. It includes the relics of Pon as well as
Tantric practices in regard to pranayama, asans and mantras. Lamaism although
it revolves round magic, rituals, prayers and congregational worship,
established the path to altruism (the Bhodisattava ideal) and renunciation (the
Sunyata objective). During the period of Tibetan Guardianship in the early
stages Guru Rimpoche is also believed to have visited Sikkim and Bhutan on
his way to Tibet and Western regions. But the establishment and foothold of
Lamaism in Sikkim dates from a later period; from the time of the arrival of
Lhatsum Chembo in the middle of the 17th Century. Lhatsum Chembo arrived
in Sikkim with two· other Lamas of the Nyingmapa sect of Buddhism. Another
Lama named Sempath Chembo through the Western gate of Singile entered
Sikkim. The third lama Rigdzin, who had opened the gate by way ofDarjeeling
and Namchi. The place where these three lamas met was named, Y oksam by
·the Lepchas. It means the three superior ones. These three covered north, south
and west. For Lhatsum Chembo believed that the four noble brothers shall meet
in Sikkim and arrange for its government. Therefore, from east a man named
'Phuntscg' a descendent of the brave ancestor-s of Kham in eastern Tibet was to
be invited. Phuntsog was thus sought and m.:tde consecrated ruler by the three
lamas as the fourth superior la~a from the east. He was conferred Lhatsum's
own surname ofNamgye (Namgyal).
26

Guru Padma Sambhava therefore, is accepted as the founder of Lamaism


and is worshipped as a second Buddha. The Tibetans call him Guru-Rin-Po-
Che. He fought the devils of the land with dorjee (thunderbolt) and made them
defenders of Buddhism and he allowed them to be worshipped by admitting
them to the pantheon of Buddhism. He is credited with having built the first
Tibetan monastery at Sam-yas in 749 A.D.

Lamaism is not merely a monastic brotherhood; it is a truly popular


religion, deeply pervading and dominating the life of the people. A lama is like
a father as in Roman Catholicism. Every aspect of human life is ascribed to
'Karma' as in the Prarabdha doctrine of Hindusim. Even the names of Dorjee
and Tara for boys and girls are taken from Lamaism. The people of Sikkim like
the people of Tibet call the lamas in their demon-worship to propitiate spirits of
nature which is found in its harshest manifestation in the mountains. Prayer
flags and :flaglets are found in every village and above house-tops to ward off
the malignant devils. The prayers are ever on the lips of the people humming
the mantra Om-ma-ni-pad-me-Hum, which is believed to catry the praying soul
of the 'Sikhavati' or happy land, the paradise of Amitabha Buddha, of
boundless light. The Lamas pervade the whole life of the people and the
Tibetan Proverb aptly sums it up. 'Without a Lama leading you. God is not
approachable' 3 .

Before the merger of Sikkim with the Indian Union the State religion
was Buddhism. Since the rulers wish was supreme and it was the King's writ
that Buddhism alone could be the State religion (which was followed by the
Royal house) the State was supposed to take steps to further the interests of that
religion. Therefore, for this purpose the Namgyal Institute of Tibetology .(later
Sikkim ·Research Institute of Tibetology) was established at Gangtok. In spite
of the above there was full freedom of faith. However, Sikkim at that time was
not a secular State and it was only after its nierger that it has become a secular
a State. But it is not so when one talks about the Sangha Constituency of the
Sikkim Legislative Assembly, which is a reserved seat for the monaste~es and
27

Gumpas of Sikkim. Inclusion of Sangha Constituency in the State of Sikkim in


the post-merger period violates the secular character and sanctity of the
constitution.

The ancient literature of Sikkim was found in Sanskrit scriptures of


Kanjoor and Tanjoor and all of them are preserved in all the monasteries of
Sikkim. The Kanjoor comprised of the Tibetan versions of Lord Buddhas
discourses originally written in Sanskrit and the Tanjoor besides the
explanations of original scriptures contained treaties on painting, science and
history. The Namgyal Institute ofTibetology, Gangtok is a center for the study
ofMahayan Buddhism with a good collection of Tibetan literature.

The monasteries of Sikkim are places of religious discourses, worship,


meditation and are the store-house of many hand written religious _books and
manuscripts preaching morals that constitute an essential part of Sikkimese
cultural heritage. Dubdi is the oldest monastery of Sikkim, where Lhatson
Chempo· lived and meditated. Sangha Choling Monastery was also built during
the same time. Later on came Tashiding and Pemayangtse monastery. The
Pemayangtse monastery is the premier one and the foundation of it was
associated with the Royal family. The monks were drawn from. the elite
Bhutias. The Tashiding monastery was built where Guru Padmasambhava shot
an arrow and there is hardly any place to match its loveliness in the whole of
Sikkim. It was considered to be the pilgrimage place for Tibetans of India,
Nepal and Bhutan. Every Sikkimese wishes to die and be cremated at
Tashiding. It is a strong belief of the people that Guru Padma Sambhava would
one day appear there and bless people.

Rumtek, Chukla Khang, Rinchenpong, Talung Enchey, · Lingtam,


Gangtok, Namchi and Singtam are other renowned monasteries. The Palace
Monastery Tsuklakhang is located in the grounds of the palace of the former
rulers consisting of interesting murals and images of Buddhist Pantheon. Most
of the monasteries of Sikkim belong to the Ningmapa Seat of Lamaism.
28

Sikkim has some small and medium scale industries that help to
strengthen its economy. There are no large-scale industries. The medium and
small-scale levels earn a little revenue. Sikkim is industrially the most
underdeveloped State because of its geographical location, topography,
climatic conditions, rainfall and lack of adequate transport' and communication
facilities. All four districts namely, East, South, West, and North are the places
of Tourist significance and the Tourism department is earning a good revenue
to the Government of Sikkim.

STRATEGIC IMPORTANCE OF SIKKIM

Sandwiched between Nepal in the west Bhutan and Chumby Valley of


Tibet in the east, Sikkim is probably the most secluded and isolated political
unit in the world map. As an incredibly complex and volatile frontier, Sikkim
has long maintained a most strategic importance between Tibet and India.
Sikkim has been occupying a unique position in the chain of Himalayan
countries and the principal routes from India to Tibet were through Sikkim.
Two great events have, however broken the metaphysical era of the Himalayas,
which have shaken this invincible Asia's mountain roof in the twentieth
century. First was the death of the British Empire in India and the second was
the cataclysmic growth of communist power in China. In 1949 China
developed a network of roads throughout Tibet and also linked Kathmandu in
the Central Himalayas. The Shigatse-Kathmandu road was built in 1958. The
Kansu Province of Tibet was connected with Lhasa and Shigatse during 1952-
53, Lhasa, the capital of Tibet, was linked with Mindge and Chamdo in 1954-
55. After transfer of Power over the Princely States in 1947, some adjustment
was needed in the jurisdiction base of the relations of independent India with
J

Sikkim which was then a self governing state. Therefore, Nepal, Sikkim and
Bhutan became the belt of buffer states. Sikkim was an independent country
until joining took place with the Indian Union after a series of agreements in
29

1947, 1950, 1973, 1974, and 1975. Sikkim being a unique and vital frontier
area of Eastern Himalayas requires to be developed as a frontier complex. The
terrain climate, potentialities of resources, military measures, geo-political· and
strategic aspects of this area should be taken into consideration for defence.
The Army, Sikkim Armed Police, Sikkim Police, Sikkim Traffic Police, The
Border Road Organization, The Border Security Force etc. guard Sikkim in the
post merger period, both within and outside4 .

The botanical wealth of Sikkim is significant. There are over 4000


species of plants and the luxuriant forests which have fir, oak, chestnut, birch,
maple and sal trees along with varieties of bamboos, moss, ferns,
rhododendrons and lovely orchids. The alpine zone is abundant with species of
rhododendrons and primulas among many other flowers.

Beyond 5000 meter or so vegetation is seldom found as the few that tend
to come up are covered by debris and snow.

The fauna of Sikkim can be typified by a few animals inhabiting the


tropical, temperate and Alpine regions. Mongoose, squirrels, Barking Deer,
House Sparrow, Kites, innumerable species of butterflies, Langur, Leopard Cat,
Civets, Himalayan Black Deer, Red Panda, Flying Squirrel, Musk Deer, Black
Eagle, Snow Pigeon, Tree Sparrow; Snow Leopard, Wild Ass, Siberian Cranes,
Griffor, Vulture, Yaks, Mules etc. are some of the animals and birds of Sikkim.

FORSIKKIM

The State Animal: Red Panda (Allura Fulgena)

The State Bird: Blood Pheasant (Ithaginis Cruentus)

The State ?lower: Nobile Orchid (Dendrobium nobile)


'

The State Tree :Rhododendron (Rbododendraon Niveum)


30

The ecological balance is undisturbed and all conceivable attempts are


made by the Government ·to maintain its balance for enhancing beauty and
richness of Sikkim at large to attract Tourists from both within and outside
India.

Coming to the people and ethnic races of Sikkim,-We find the Lepchas,
the Bhutias and the Nepalese5 • Besides the above people we find Tibetans, and
people from other parts of I~dia. Hindi, English, Lepcha, Tibetan, Bhutia
(Sikkimese), Limboo, Rai, Tamang languages are spoken and practiced. Nepali
is the lingua-franca of the State. English is the official language and medium of
instructions in the State of Sikkim. People live in Sikkim in perfect peace and
harmony. They are so active and brisk therefore, sickness, ageing and early
death are unknown to them and they find everything at ease for their
sustenance.
31

Sikkim: It's People

THELEPCHAS

It is believed that the Lepchas, who call themselves as Rongkup


(Children of Rong), are the earlier settlers of Sikkim, the legendary kingdom of
Mayel in the vicinity of Mount Kanchendzonga followed Bongthing and
worshippers of nature. Believed to have migrated from Burma and Assam they
speak Lepcha language - the most ancient language. The Lepchas are ·
mongoloid in appearance with oblique eyes small in stature and fair in
complexion who are amiable, cheerful, hospitable, shy, good humoured,
sociable indolent, docile and peace loving people who avoid quarrels. Most of
them are concentrated in the Dzongu valley of North Sikkim. They used to live
on hill tops which could not be scaled easily. They lived in hunting, fishing,
trade and later agriculture. They are also good entomologists in identifying the
names and behaviour of the wild animals, birds, insects, fishes, frogs, medical
herbs and also at ease to distinguish all the edible roots, bulbs, fruits and plants
of the jungle from that of the poisonous ones. They are ·good craftsmen of
handiworks and to weave coarse cloth from the fibers of the plants. These days
some follow Buddhism and some have converted to Christianity.

The Lepcha tribe is now spread in all parts of Sikkim after the state
opened up to itself through roads and communication media. They. are
marching forward with the rest of the fellow citizens of the State. They are
docile by nature and have rendered their services to various rulers. Many of
them became land lords. They promote intra tribe and inter communal
mamages.

The language ofLepcha is recognized by the Government of Sikkim and


is taught up to Graduate level. They have held many important posts during the
rules of various Maharajas of Sikkim and now they have come to the level of
bureaucrats, ministers and hold other covetable posts under Government of
32

Sikkim. In the Sikkim Legislative assembly, 12 seats are reserved for Lepchas
and Bhutias.

THEBHUTIAS

The Bhutias belong to another Tribe of Sikkim and are mainly


descendants of the early settlers from Tibet and Bhutan. They accompanied
ancestors of the first Chogyal Phuntsog Namgyal. They settled in higher
altitude, driving the Lepchas into the forests and lower valleys. The Bhutias are
sturdy well built with a good physique and Mongolian features. Their main
centres are Lachen and Lachung. The Bhutia villages are big and are arranged
systematically. They are followers of Buddhism and the monasteries occupy a
predominant place and play an important role in the socio-cultural life of this
tribe. They prefer to live in patriarchal joint family. According to one school of
thought the Bhutias belong to GYE-BUM-SA of the Kham Province and they
are known as Sang-darpa, Tse-Chu-dar, Nima-Gyapo and Guru Tashi. Another
school of thought maintains that the Bhutias are descendants of LingZer-Pa and
are categorized as Bompos, Gansapas, Ganta-putsos, Namsangkors,
Tachungdars, Kartso-pas, Gyonto-pas, Chmgalpas, Topas and Dokhan-pas.
Invariably the Bhutia families are known as the category of village headmen
and Landlords or Kazis.
i
The Bhutias promoted Jhooming (shifting) cultivation as they possess
plenty of cultivable lands and sowed paddy, kodo (millet), maize and other
cereals. The Bhutias have imbibed the Tibetan Civilization in regard to their
dresses, ornaments, religion and scripts. Their language is the' Sikkimese
language (Bhutia language) and they follow Buddhism. The Bhutia language is
also taught upto degree level. University of North Bengal has included Bhutia,
Lepcha and Limboo languages since 2000 as Modem Indian languages.
Sikkimese Bhutia language is a State recognized language.

The first ruler Phuntsog Namgyal selected twelve Kazi's. from among
twelve chief Bhutia clans as Ministers and twelve Lepchas as Governors for
33

Governance of the Country. Sometimes they have held the posts of Prime
Ministership during successive rulers of Sikkim. Both Lepchas and Bhutias
promoted communal harmony, mutual understanding good-will and
coexistence since long, each imbibing practices of the other in rites and
traditions.

Monasteries, prayer flags, prayer wheels and chortens are much a part of
the lives of the Bhutias as faith in reincarnation. Nearly every Bhutia family
has one male member who enters the monastery and leads life of a monk
because the monks are considered the intellectual elite of the Bhutia Society
and education was, till date, the sole preserve of monasteries.

The Bhutias are fond of their CHAANG - an indigenous drink which is


a preparation from fermented millet served in bamboo containers called
TONGBA with hollow bamboo-pipes. It is the State drink of Sikkim and is an
indispensable part of every Sikkimese ceremony of religion and the State.

The Bhutia community is famous for weaving and the hand-woven rugs,
carpets and blankets. All Bhutia art and paintings are derived from Buddhist
spirituality and the THANGKAS are famous. The Bhutia craftsmen are known
for the intricately carved statues, objects of worship and Choktses-carved
tables.

The Bhutia Calendar follows the Tibetan Buddhist calendar, which has
12 years and 60-year cycles. The 12 years are named after 12 animals and the
combination with 5 elements (namely wood, water, iron, fire and earth) is used
for the 60-year cycles.

Today the Bhutia society IS undergoing subtle changes owmg to


education, culture, social events, gove:tnment jobs, political and constitutional
'
safeguards and government employment. Many of them are serving in very
high 'administrative posts and Ministership. The Bhutias along with Lepchas
34

are given 12 reserved seats in the State Legislative Assembly and the reserved
seats kept for Nepalese has been made General Seats since 1979.

THE NEPALESE
-
The Paharias namely the Nepalese began to settle down in Sikkim from
their densely populated country Nepal since the last two decades of 19th
century. Their settlement in Sikkim was encouraged by the British. The Nepali
community of Sikkim is a melange of various castes and is a highly stratified
society, speaking their own vernacular and having a culture of their own. They
are divided into the Bahuns, Chettris, Newars, Mangars, Murmis, Rais,
Limbus, Tamangs, Gurungs and scheduled caste namely Kamis, Damais and
Sarkis. The New Nepali settlers were invited and brought as an agrarian force
and promoters of sharecrops. They introduced the terrace farming to give the
landscape an unimpeachable beauty and a sensible agricultural system which
suits very much the terrain of Sikkim. The Sikkim Gazetteer emphasizes that
"this influx of these hereditary enemies of Tibet is our surest guarantee against
a revival of Tibetan influence. In Sikkim, as in India, Hinduism will assuredly
cast out Buddhism, and the praying wheel of Lama will give place to tp.e
sacrificial implements of the Brahman." But today Buddhism and Hinduism
along with other religions go hand in hand in Sikkim to promote Secularism~

The Nepali community as pointed out earlier is a highly stratified


society with its caste hierarchy. Within itself a number of castes are
accommodated. They are Brahmin (Bahun) Bhujel, Chettri, Newar (Pradhan),
Rai, Gurung, Limboo, Mangar, Mukhia, Tamang, Jogi and Scheduled Castes
such as Sarki, Kami, Damai, Da:rjee, Majis, Gazmere etc. They promote
marriages within and outside their castes. The State Government of Sikkim is
putting efforts to classify besides Newars, Brahmans and Chettris the other
castes ofNepali Community as Backward Castes/Classes. The scheduled caste
of the Nepalese enjoy all constitutional protections.
35

The Nepalese· community m Sikkim, now constitutes the maJor


population of Sikkim. Within an incredibly short span of less than 100 years,
the population has grown by leaps and bounds and the number of Nepalese put
together have now resulted in two-thirds of the total population of Sikkim.
Before the birth of the British influence in the internal affairs of Sikkim,
sporadic attempts to settle a number of Nepalese in the vacant terrain region of
the country were surreptitiously made by some Bhutia-Lepcha chiefs and
landlords purely for monetary gains. Such unauthorized settlement, however,
was vehemently objected to and opposed by a large section of influential
Lamas of the Pemionchi Monastery of Sikkim. With the due concurrence of the
Ruler, occasional vacation was affected and a restriction for settlement of
Nepalese was rigidly enforced on payment of a heavy penalty.

By a twist of fate, the appointment of Mr. J. C. White as the first


Political Officer of Sikkim in 1888, was instrumental in the subsequent
settlement of the people from Nepal, confining only at the initial stage to the
hot, humid and lower regions of the estates belonging to the Lease-Holders of
Sikkim, which were filled up with heavy dense forests. Mr. White was in fact,
carried away more with the intention to augment the revenue of the State.

Since, the vast tracts of Jungle land were abundantly available ~n the
lower regions of the country, the Bhutias and Lepchas having preferred to settle
in the cooler regions, there was sufficient justification to undertake the
settlement of the Nepalese who were admittedly found to be more industrious,
and were not afraid of the hot climate of the lower regions. Despite stiff
opposition, Mr. White was closely associated with a coterie of local influential
officers, who ingeniously connived for personal gains defying the intervention
of the Ruler. In his exploratory drive, Mr. White was convinced of th~

usefulness of the Nepales·~ settlers, who proved to be excellent farmers in


breaking and clearing the dense jungles and in their introduction of a new type
of terraced paddy cultivation, which was then a new innovation in Sikkim.
36

Besides, being hardy, industrious and extremely thrifty, the Nepalese


gradually made intensive inroads in the middle and upper regions of the
country in their quest for more lands. Since some of them were in an affluent
position and could use the magic word of money, they could easily procure
lands from the Bhutia ·and Lepcha inhabitants of such areas. The influx, in the
course of time, was found to be so much on the increase, as new people from
Nepal came in waves, with sufficient money, to purchase lands directly from
the Bhutia-Lepcha farmers, that the then Superintendent of Sikkim, Sir Charles
Bell found it extremely desirable to put a complete "BAN" (Revenue Order No.
1 of 17th May 1917*) on the purchase of lands belonging to Bhutia-Lepcha
inhabitants by non-Bhutia-Lepchas, mainly to protect and safeguard the
survival of the ethnic tribals of Sikkim.

The Nepalese who have settled m the lower regwns also suffered
casualties from the ravages ofKala-Azar and Malaria, but they were undaunted
and doggedly stayed on. With the subsequent wiping out of the diseases, by the
Government of Sikkim, they became the rightful owners of the rich low lands
of the country. The Nepalese are polygamous people like the Bhutias and
Lepchas. It is a most normal affair for a Nepali to have more than one wife at a
time, which in a way, admirably contributes to ease the labour problems of the
house for their combined sustenance. Added to this, and possessing; a high
degree of fertility, the increase in their population was phenomenal and within
an incredible short span of time, the indigenous people became a minority.

The Nepalese are admittedly found to be very enterprising and


economically aware and made themselves good settlers. They are found t<:' be
very docile and amenable, there are those who are placed in the higher stratum
and those who are a. class by themselves, and they have occupied a corr~fortable

position. By virtue of their being very hard workers and persevering i11 nature,
they are in marked contrast to the more supine and affluent Bhutias and
Lepchas, who are dependant on them for the cultivation of their fields. But
since 1979 the Chief Minister of Sikkim is chosen from the Nepali Community.
37

There is, in addition a small group of people known as 'TSONGS",


(Limbus) settled in Sikkim, of which, three different categbries are in
existence. The one known as the "Lhasa Gotra" or "UI-Tsong" (country
Tsongs), are said to have originally migrated from the Tibetan province of
Tsang-po valley almost about the same time as the Bhutias. It is claimed that
when one of the three pioneer Lama saints Kartok Kunta Zangpo first came to
Sikkim to propagate the Dharma, a section of a tribe who revered and followed
him all the way from Tsang, had settled in Sikkim. The derivation of the word
"TSONG" as indicative of their caste or tribe thus came to be known by the
name of the place they migrated from. The Gurkhas, however, called them
Limbus. They gradually settled on the banks of the Arun Riyer. The other two
categories are "Nepal Gotra" and the "Kashi Gotra", who later came from
Nepal and India respectively. The Tsongs of Lhasa Gotra are very much akin to
the Bhutias, and because of their close affinity to the Bhuti~s, they are
bracketed along with the Bhutias and Lepchas and the combination of the three,
are known from time immemorial as the "LHO-MUN-TSONG-SUM",
meaning the three principal tribes of Bhutia, Lepchas and Tsongs of Sikkim.

Considering the special status in dominance over the other two


categories, the Lhasa Gotra Tsongs were given a reserved seat for the Tsong,
which was abolished in the General Election held during 1974.

Some of the families of these Tsongs are still in possession of old


documents commending their loyal and faithful services and grant of freehold
lands given under the red seal of the successive Rulers of Sikkim. By and large,
Sikkim contains a reasonable number of these settlers consisting of all the three
categories. With the exception of the Sherpas, who invariably settled in the
upper region;; of the country, the Tamangs, and a section of Newars who
. profess,ed Buddhism, the rest of the Nepalese follow Hinduism. Some of them
are getting converted to Christianity too ..A few of these people are great
followers of Satya Sai Baba. The Sherpas are now considered to be tribals of
Sikkim. Even the Limbus and Tamangs are following the line of becoming
38

Tribals of Sikkim. Even the Limbus and Tamangs are declared as the tribals of
Sikkim. Gurungs, Mangers and Rais are yet to get tribal recognition from the
Government of India.

Nepali language-the lingua-franca of the State is spoken by all


communities in Sikkim. This language is widely taught in schools and colleges
in the state. It has received Constitutional recognition in the year 1992 and is
included in the VIII1h Schedule of the Constitution of India. Nepali language
and literature are taught up to Ph.D level in Calcutta University, University of
North Bengal, Allahabad and Banaras Hindu University. Shri Pawan Chamling,
the present Chief Minister of Sikkim is one of the great scholars in Nepali, a
Nepali poet and an excellent orator too. The major issue in the State is the
move to restore the seat reservation for Nepalese in the Sikkim Legislative
Assembly as existed before 1979, doing away with the 17 General Seats.

It is essential here to point out that there are many people from other
states of India settled in Sikkim. Firstly, the Marwaris who belong to business
community, came to promote trade via Sikkim to Tibet and later also in
Sikkim. They have settled in Sikkim since long. Many of them possess not only
trade license but also landed property and are benefited in several ways, they
have local benefits. The trade licence of these people are continued to their own
families generations after generation. But in no case fresh licences (trade) are
issued to new settlers. Since 1979 trade licence is being given to local ethnic
communities under the son of the soil policy. The Marwaris command a good
number in the population of Sikkim and is considered to be "mercantile vote
Bank" of Sikkim elections. In 1985, Balchand Sarda won the most prestigious
Gangtok Constituency of Sikkim Legislative Assembly defeating his nearest
rival Smt. Dil Kumari Bhandari. Now, the trend is to elect a person belonging
to one of the local ethnic communities from this constituency.

Besides Marwaris there are people from Bihar and Haryana. The
Biharis, especially the muslims and other communities promote business. The
39

barbers, Dhobies (washermen) tailors, quilt makers, umbrella repairers hail


from Bihar. The Haryana scheduled castes are employed as sweepers (safai
Karmacharis) under the Government of Sikkim. Rest of the people from other
States are employed in central and State Government jobs and in other
professional areas like teaching and other technical areas. Many of the Bengalis
are eiJ?-ployed as teachers and Central Government officials.

At present, especially in the post-merger scenario of Sikkim the trend is


different as because the local talents have reached saturation point with good
academic qualifications. The successive popular Governments believe not only
in the policy of son of the soil but try to accommodate the local people and
protect their socio-economic and political rights.

It is also interesting to note that there are many Tibetans settled in


Sikkim and their status is the same as in other parts of the Country. The
Tibetans feel comfortable and are very much at home because of the culture,
language, traditions, religion followed in Sikkim by the ethnic Sikkimese,
Bhutias and Lepchas.

Inspite of the fact that Sikkim comprises of different people and multi
ethnic polyglot society, it is perhaps the most peaceful State of the Indian
Union, promotes communal harmony and human relations, a feat which is
much expected in a plural society like India. It is believed that there is some
post merger blues some ethnic quarters, but as in general mergers strikes,
terrorism, violence, lock-outs, unrest and anti-social activities are unheard of in
Sikkim. Unity of the people, good governance, excellent committed
administration and proper thought control of the masses by seasoned politicians
make the beautiful State of Sikkim a paradise on the face of the earth - 'a jewel
in the crown of India'
40

NOTES & REFERENCES

1. Bhattacharya, A. The Prayer wheel & Sikkim Op.cit.p.42

2. Patnaik, A.K. Lamaism and Sikkim, Journal Management and trainings


Vol. XIV No. 1-2, Jan-June, 1996, p.122

3. Ibid., p.128, Weddell. L. A. Buddhism and Lamaism of Tibet, Darjeeling,


Oxford Book & Stationery Co. (Reprint), 1978,85, pp.17, 19, 30, 36,41 &
54

4. Sikkim. The Gazetteer of Sikkim, Op. cit. (Reprint 1989) pp. 241-329

5. Grover, B.S.K. Sikkim and India, New Delhi, Jain Brothers, 1974. p.
82,159

6. Gould, B. J. The Jewel in the Lotus, Recollection of an Indian political


Officer, Landon, 1957, p.168

7. Rahul, R. The Himalayan Border Land, New Delhi Vikhas, 1970, p. 72

8. Sikkim, The Gazetteer ofSikkim, Gangtok, Kwality Press (Reprint) 19, p. 6

9. Singh, 0. P. Strategic Sikkim, Op. cit. 1985, pp. 30-51, 95-117,118-135

10; On Lepchas, Bhutias and Nepalese, see Chopra, S.S. The Beautiful India:
Sikkim, New Delhi, Light & Life Publications, 1977, pp. 54-61

11. Chopra, P.N., Sikkim, N. Delhi, S. Chand & Co. 1979, p. 37, 38-47

12. White, J. C., Sikkim and Bhutan Op. cit.

13. Sikkini prospective for Planning & Development, Op. cit., pp 61 to 104

14. Subba, J. R., The Limboos of the eastern Himalayas (with special
Reference to Sikkim), New Delhi, Ambica Printers, pp. 779
41

15. Sikkim, Sikkim customary laws and usages, Gangtok, Sikkim, Government
Press, PP .196

16. Sikkim, SIKKIM: The land and its people, Gangtok (Publicity), the Sikkim
Govt. Press. pp 21 (not dated)

17. Sikkim, Sikkim Chronicle, Op, cit., pp. 21

18. Taleyarkhan, H.J.H, The splendour ofSikkim, Gangtok Impression, 1982.

19. Sikkim, Sikkim the Land of Mystic splendour (Sikkim Tourism), Gangtok
Sikkim Govt. Press, Not dated.

20. Sikkim, The Hidden Paradise, (Sikkim Tourism), pub. Not mentioned, not
dated.
42

REVENUE ORDER NO. 1

With reference to the order dated the 2nd January, 1897 it is hereby
again notified to all Kazis, Thikadars and Mandals in Sikkim, that no Bhutias
and Lepchas are to be allowed to sell, mortgage or sublet any of their lands to
any person other than a Bhutia or Lepcha without the express sanction of the
Durbar, or Officer empowered by the Durbar in this behalf, whose orders will
be obtained by the landlord concerned. If any one disobeys this order he will be
severely punished.

In this order the term "mortgage" means the mortgaging the whole or
part of a holding on the biyaz or masikata system and the term "sublet" means
the sub-letting the whole or part of a holding on the pakhuria system.

DEFINITION

1. 'Biyaz' means mortgaging land to another person who enjoys the produce of
the field as interest, so long as the principle loan remains unpaid.

2. 'Masikata' means, mortgaging of fields to a creditor who enjoys the produce


of the field as annual installment towards the loan.

3. 'Pakhuria' means, sub letting, where a rayot allows another new rayot to
settle upon a portion of his own holding generally receiving from him some
rent in cash and some assistance in cultivating his own fields.

Dated Gangtok Sd/- C. A. Bell,

The 17th May 1917 Superintending, Sikkim Estate

SOURCE: SIKKIM, The Sikkim Code Vol. 11, Gangtok, Law Department,
Gangtok, Sikkim Govt. Press, not, dated, p. 4
43

SIKKIM AT A GLANCE

Area : 7096 Sq km

Population Total Male Female


2001 540493 288217 252276

Decadal 1911 1921 1931 1941 1951 1961 1971 1981 1991 2001
growth 49.98 -7.05 34.37 10.67 13.34 17.76 29.38 50.77 28.47 32.98
rate of
population

Literacy rate 2001 Persons Males Females


census 69.68 76.73 61.46

Sex ratio 2001 census 875

Population density per sq. km 76

Districts ·4 (NEWS) Panchayats Elected Revenue Towns


Reps. Blocks
1997 159 873 453 8
I
Zilla Parishad Elected
Reps.
I
4 92

Number of Electors 1998: 236321

Education Institutions :

University: 1; Colleges: 3; Law College : 1; B. Ed. College: 1; Schools :


1486; TTl: 1; SIE: 1; Madrasa: 1; SHEDA: 1; Tibetology: 1.

_Family Welfare Programme 1995-96:

Sterilization for 14194 persons since inception.


'fLI

Per capita expenditure on Medical Public Health & Family Welfare 1998-99 :
513.9

Birth Rate, 1997: Urban- 20.0; Rural- 12.8; Total- 19.8

Death Rate, 1997 : Urban- 6.6; Rural- 3.5; Total- 6.5


Land Utilisation (Area in hec.), 1995-96:

Land Utilization : 71 0; Forest : 257; Land not available for cultivation : 270;
Other uncultivated land: 75; Fallow land: 13; Net sown area: 95; Gross
cropped area : 142.
Crops : Rice, Wheat, Maze, Potatoes.

Cash crops : Orange, Cardamom and Ginger.

Milk Production, 1997-98 : 35.0 ( 000 tons)

Egg Production in million nos. 1997-98 : 16.00

Livestock and Poultry (000 number), 1992 :

Sikkim number & percentage of population below poverty line & Rank

193 1977-78 1983 1987-88 1993-94 1999-20


16 9 15 13 15 4

1993-94 1999-2000 ..

% of people below %of people below Rural Urban Combir.r:d


poverty line poverty line
-~~
Rural Urban Combined Rurul Urban Combined No. of %of No. of '%or No. of cy., of
persons persons persons persons persons persons
in in in
\nkhs \akhs lakhs
1 - : - - - - ~---
45.01 7.73 41.43 45.01 7.73 ill.43 2.00 40.04 0.04 7.4 2.04 36.55
---·---
45

Usual status of unemployment rates for Sikkim

Employment Rate Unemployment Rate

Rural Urban

u.s U.S adjusted u.s U.S adjusted


Male Female Persons Male Female Persons Male Female Persons Male Female Persons
-
35 20 31 32 19 28 67 10 76 6 100 75

·Usual Principal Status Unemployment Rate

Among the youth 15-29 (Rural)


--
Male Female Persons

15-19 20-24 25-29 15-29 15-19 20-24 25-29 15-29 15-19 20-24 25-29 15-29
74 84 131 102 0 103 25 so 49 89 95 84
(Urban)
221 132 154 156 0 495 167 299 167 234 156 190

Per I 000 Distribution of Households by number usually Employed (Principal


Status) persons of age 15 yrs and above as member of the Households for
Sikkim

No of usually Employed Persons of age 15 yrs and above (Rural)

None Only Male Only Female Only Male & Others


Female

ALL FH ALL FH ALL FH ALL HI ALL FH

81 106 338 187 38 378 250 140 294 190


(Urban)

70 560 557 0 37 233 162 35 174 172

Ednl Institutions/Enrolment
1486 Pre Primc;.ry to Senior Secondary: 1486- 1,40,749 students
Degree level (As on 31 /3/2000) 1908

Hospital -6; Stnff Nurses-121; Private Clinics-17; PHC-24; Patients Treated


indoor-20384; Diagnostic Centres-08;
46

Doctors-196; Outdoor-374646; Midwives-380; Referred outside -838

Police Stations: 28

Religious Institutions:

Monasteries- 88
Temples -178
Mosques-06
Churches-30
Mani Lakchangs-159
Tsamkhangs-32
Gurudwaras-2
Sai Baba Mandir-1

No.ofMinor Irrigation 65 (1997-98)

Tourism: Domestic Tourists 1,40,151-2000


Foreign 11,320-2000

Revenue Generated 40.39 lakhs.

Transportation
Fleet Strength of SNT Buses 138 (1999-2000)
Taxis-
Jeeps- 2001
Govt. Vehicles: 2001
PVTVehicles 6462 1999-2000
Two Wheelers: 4047

Telephone Exchanges: 36 with an 0/0 the GM BSNL


47

Banking: Public Sector- 35


Rural- 10
State Bank of Sikkim - 22
NABARD-1

Industries: 386 (Provisionally Registered) Small Scale Units.


Actually 367 PSUS: 3 sick: 87.

Foreign Liquor Shops: 382


Country " " 46
Bar Shop ' 292 Total Revenue: Rs 13.19 Crores.

MPCS/CCS - Co-operation 73+ 118 = 191.


Co-Operative Societies: 35156
Sikkim Government: No. of Departments: 38
Sikkim Legislative Assembly 32 seats
Lok Sabha 1 seat
Rajya Sabha 1 seat
48

Sources:

Sikkim, Sikkim & North Eastern States:A statistical: A Statistical Abstruct


2001, Directorate of Economics, Statistics, monitoring & Evaluation (Govt. of
Sikkim, Planning & Devpt Department Gangtok, 2001.

Sikkim, Sikkim At a Glance (Drectorate of Economics, Statistics Monitoring &


Evaluation), Planning & Development Department Gangtok, Govt of Sikkim,
2001.

Sikkim: Census ofIndia, 2001 (Series-12) Sikkim, Provisional Population


Totals (Rural-Urban Distribution) Paper- 2 of2001, Tadong, Prema, 2001.

Sikkim: Census ofIndia, 2001 (Series-12) Sikkim, Provisional Population


Totals Paper-1 of2001, Tadong, Prema, 2001.
49

2. The Twelfth Maharaja Chogyal of Sikkim : Palden


Thondup N amgyal and the Politics of Merger of Sikkim

The Denjong Chogyal namely Maharaja Palden Thondup Namgyal


succeeded his late father Sir Tashi Namgyal on 6th December 1963. He was the
twelfth Ruler of Sikkim and was consecrated in a simple and informal religious
function held at the Royal Tsuklag-Khang (Chapel). He officially ascended the
throne, on the 4th April 1965, coinciding with his 42nd birthday. The
coronation ceremony, synonymous to Ser-Thi-Ngasol in Tibetan, was
performed amidst great pomp and pageantry accompanied by religious rituals,
by the Head Lama of Pemionchi Monastery, and by all known standards, was
widely attended by foreign dignitaries and diplomats, besides people from all-
walks of life in Sikkim and the neighbouring places of Kalimpong and
Datjeeling. Most significant on the special occasion was the friendly gesture of
the Government of India being represented by Shrimati Laksmi Menon,
Minister of State for External Affairs in the Ministry of Lal Bahadur Shastri.
Mrs Indira Gandhi, the then Minister of Information and Broadcasting, also
came to Sikkim and witnessed the ceremony as a personal guest of the
Maharaja, on a special invitation extended to her, because of the Namgyal
family having a close association for long, with the Nehru family.

Maharaja Palden Thondup Namgyal had his first el~mentary education


from the Saint Joseph's Convent, Kalimpong, when he was a mere child, but
had to interrupt his studies for some time to train himself in the initiation of
monkhood from 1931 to 1935, under the able guidance of his uncle Lh_at sum
Rimpoche, and thus spent a few years of his early life in the Mindol-Rabling
Monastery in Gyantse (Tibet), and other monasteries in Sikkim. This abrupt
change of his studies in monkhood was undertaken to fulfill the qualifications
of his being the incarnation of the late Maharaja Tulku Sidkyong Namgyal.
Back once again in 1935, he picked up the loose ends of the thread of his
studies at the Saint Joseph's College, Datjeeling, and finally ended his school
,,··
50 .

education from the Bishop Cotton School, Simla. Fate, however, intervened
once again to transform his career. His elder brother, the Heir Apparent
Maharaj Kumar Kunzang Paljor Namgyal, opted his service in the Royal Indian
Air Force, in deference to his father's wishes Sir Tashi Namgyal placed all the
resources and man-power ofSikkim, a:t the disposal of the Government ofindia
during the II World War. Maharaj Kumar be~ame a fighter Pilot but soon
thereafter he died when he crash-landed in his fighter place after a
reconnaissance flight at Anibala in December 1941. Forced to leave the
monastic life and on his assuming the status as the Heir Apparent to the throne
of Sikkim, he had to be further brushed-up to undergo the training of the Indian
Civil Service at Dehra Dun in 1942, to fully equip himself for the eventual
responsibility as the Head of the State. After completion of the training, he
came back to settle in life with the intention to help his aged father in the day to
day governance of the country. To this end, he ably assited his father in
steering the ship of the State through stormy political embroil and threat and
was credited in no small measure for the fruition of many social, economic and
political reforms. These implementations were in keeping with the change of
time and also despite heavy impediments put on his way by the opposing
political leaders Maharaj Kumar Palden Thondup Namgyal married Sangey
Deki, the daughter ofYapshi Sampdrup Phodrang of Lhasa in August 1950, the
family from which the seventh Dalai Lama had been born. From through
combined publicity, sky-rocketed Sikkim overnight to the lime-light of the
world. In due course, a son and a daughter were born out of this wedlock.

Maharaja Thondup Namgyal had the credit of having travelled widely


abroad and while on such tours, he made all possible attempts to promote the
understanding of his country in Europe, America; Japan and the neighbouring
Buddhist countries. He was the recipient of the Padma Vibhusan in 1954, and
'
was made an honorary Major General of the Indian Army in 1963. He was
earlier decorated with the O.B.E., in 1947 by the British and was also made a
Commander De L'order De Le Toille Noire of France in 1956. He was the
51

President of the Namgyal institute of Tibetology in Sikkim. By all known


standard Chogyal Thondup Namgyal is radiated to be very intelligent. He is
well versed in international subjects like Science, Arts and Religion, besides
other allied subjects on which he can converse with ease and comfort. His
depth of knowledge about Sikkim, Tibet and Bhutan was superb. He has a good
command over "Lho-Kiyet" Sikkimese Bhutia and English language and his
public speec_hes were often delivered impromptu.

On the occasion of his coronation day, keeping in view the earlier desire
of the Maharaja agreed to officially recognize the nomenclature of
"CHOGYAL" and "GYALMO" in place of Maharaja and Maharani. Some of
the officers alleged that it was difficult to hazard any guess about the Chogyal's
incomprehensible move to request the Government of India for the title of
Chogyal and Gyalmo2 in place of Maharaja and Maharani. Rightly or wrongly
they observed the delegation of the title "Mewang" from Chogyal. It may be
recalled that the senior Saint Lhatsun Namkha Jigme offered the title of
"Mewang Chogyal" to Phuntsog Namgyal, when he was installed on the throne
of Sikkim as the first king on the Chuta years correspondin~ to the year 1642
A.D.

Mewang Chogyal means the king of righteousness of having the two


fold powers of both spiritual and temporal head. To bluntly put the fact in its
true perspective, the title of ''Maharaja" or whatever term it may be called was
coined and foisted by the British Raj as their legacy to be also used in Sikkim
. as in India.

The Principal Administration Officer, R.H. Haldipur .with all his


administrative experience at his disposal, continued to help and assist the ·
mnning of the administration of the Chogyal, despite the limited executive and
financial powers delegated to him. It is not to be wondered that the ways of
God are often inscrutable of such a scrutiny.
52

During his brief span of his tempestuous reign, he was faced with a
series of far reaching political development, surcharged with the uprising of
the people of Sikkim clamouring for more democratic reforms, which was
destined to play a disastrous role affecting the very existence of the Namgyal
Dynasty in the history of Sikkim, as the subsequent events would go to show.

Besides these inevitable developments, there were a number of other


significant happenings that erupted during the same period, which substantially
created unnecessary suspicion and distrust in the minds of the Indian leaders
causing noticeable erosion in the existing friendly relation of the two countries.
If, therefore, one has to evaluate a balanced look al).d to judge such petty .
incidents in their true perspective, it was equally claimed by the ruling elite and
the leaders of the National Party and the Sikkim State Congress, that New
Delhi too did not lag behind on its part to commit similar gaffe, which caused
sufficient irritation and disappointments to the Sikkim Durbar in no small
measure. Unfortunately, the Political Officer did not make any genuine
attempts to .resolve these pin-prick problems to their mutual benefit, but
significantly left them as of no consequence to the great advantage of the so-
called disgruntled political leaders, who exploited the situation to cause further
rupture in the existing relations of the two countries. Sikkim by all counts was
a protectorate State of India, and its relation with India was governed by the
Indo-Sikkim Treaty of 1950. 3 The Political leaders of Sikkim alleged that there
was nothing clandestine about it and Sikkim's search for a better deal with
India after two decades of the signing of the Treaty should stand to reason. But
to the great misfortune of Sikkim, this move had been construed as inimical to
the interest of the Government ofindia by unscrupulous persons.

Like other small under-developed cou11tries towards transformation and


fulfillment of the political emancipation, Sikkim too was swept away by its
wave and thus became aware of its political aspirations vis-a-vis with India.
The need to review and revise its Treaty obligation with India, thus became the
cry of the day among the educated mass and elites and to that extent the
53

Chogyal also· took up the cause and indicated his desire to some visiting
correspondents. He, however, did not specifically spell out the details but
contended that in the context of the changed situation since the signing of the
Treaty, the necessity for a revision was desired and Sikkim would await the
convenience of the Government of India. Coincidently, the combination of a
few sporadic incidents, which were then considered to be undesirable against
the overall interest of India, further aggravated the misgivings of India and
inter-alia, the following developments deserve special mention.

First the Sikkim Youth Study· Forum came into e~istence during this
time consisting mainly of the young educated officers of the Durbar, picked up
from the three main communities. Their avowed objects, for all intents and
purposes, was mainly to serve the need of a watch-dog of the various
departments of the Government against any malfunctioning, calculated to affe~t
the efficiency of the Government as a whole. They were also, to observe and
watch the movements of all the Government servants whether they indulge in
such anti-national activities periodical to the greater interest of the country.
Since the Forum as a matter of convenience, was a Palace protege and bore the
blessing of the Chogyal, it went a step further to enlarge its activities to cover-
up subjects of external affairs, as well as political issues of internal matters.
This indulgence allowed them to freely articulate their views for the review and
revision of the Indo-Sikkim Treaty of 1950, and also in the matter of major
political ties of mutual interest with India. Significantly, their overbearing
attitude, coupled with their callous behaviour towards the senior officers
deprived them of their sympathy and support. The Government of India also
viewed their . manifold activities with increasing distraction, as they
apprehended that such indulgence would in the distant future go to cause
irreparable harm to the existing relation of the two countries.

Secondly the cardinal issue for the revision of the Treaty was further
taken up in a historic joint statement issued by the three Executive Councillors
on 15th of June 1967, which stated that "on the cardinal issue of the revision of
54

the Indo-Sikkim Treaty of 1950. It is painfully surprising to note the distortion


of facts leading to fallacious and erroneous conclusions. It needs no emphasis
for any one to feel the absolute necessity of a thorough change in the existing
provison of the Treaty. To review and revise its Treaty obligations in the wake
of changing would go against the interest of the Government of India".

Thirdly, the Indian Independence Day which usually falls on the 15th of
August was celebrated by the public of Sikkim and on that day the Chogyal and
the officials of the Sikkim Durbar usually attended the great function. at the
Residency, when the Indian National Flag was unfurled and the Guard of
Honour jointly inspected by the Chogyal and the Political Officer. The Political
Officer, thereafter, and in his short speech, gave a brief resume of the past
year's achievements of the Government of India and her economic and other
aids made available to Sikkim. To the great consternation of the Political
Officer, the celebration of the 151h of August 1968 was marred by a handful of
misguided school students who staged a protest march below the road leading
to the Residency shouting anti-Indian slogans and carrying placards depicting
Sikkim's independence. The demonstration caused sufficient annoyance to New
Delhi, who lodged a strong protest with the Government of Sikkim. The matter,
however, was amicably settled to the satisfaction of then Government of India.

Fourthly, the Gyalmo of Sikkim took up the question of Datjeeling


through an article published in the Institute of Tibetology bulletin. It may be
recalled that Datjeeling was needed to the British during then reign of Chogyal
Tsugphud Namgyal, the seventh Ruler of Sikkim. Despite remonstrances and
protests by the then Chogyal insisting for the replacement of an equal area of
land, the British however, accommodated the demand of the Chogyal basically
on monetary consideration and finally completed the d~al with a subsidy grant
of H.s. 3,000/- (Rupees three thousand) only per annum to begin with. In the
said article the Gyalmo made a claim that Sikkim still held her right over
Datjeeling. She has further supplemented her statement with the fact that
according to the Sikkimese law, an occupant of any land in Sikkim, merely
55

enjoys unsuspected right. The ownership of such a land is invariably vested


with the Ruler, who holds the authority and the right to resume the Ic.md as and
when necessary. As a result three of, the Article attracted considerable amount
of animosity of India, which they alleged was a baseless and unfounded claim
and was to be condemned as it deserved.

Fifthly the playing of the National Anthem of Sikkim, an old Sikkimese


song was also alleged to have contributed in no less amount of resentment
openly surfaced, and despite invitation by the Chogyal, the Political Officer
refrained from attending the annual presentation of colours to the Sikkim
Guards by the Chogyal during 1965. No wonder, the Political Officer came to
know in advance that the national Anthem of Sikkim would be played during
the said function.

Lastly the constitution of a special External Affairs Committee


comprised of three senior officers of the Government of Sikkim, to guide and
advice the Chogyal and simultaneously to discuss resolve matters of mutual
interests with New Delhi, had also inadvertently caused sufficient irritation to
the Government of India. The only allegation, which had been put forward
against the formation and function of the External Affairs Committee, was
supposedly the rude uncompromising and undiplomatic trend of behaviour
exhibited by the members while discussing and exploring long outstanding
problems of mutual interest with their counterpart officers of the Government
ofindia. 4

It is rather wrong to put unilaterally all the blame on the Sikkim Durbar.
New Delhi was also equally alleged to have been responsible for not properly
understanding the problems, aspirations, their difficulties and perhaps too, the
despair of the Sikkimese people by unnecessarily procrastinating things which
otherwise, could have been solved with greater speed to their mutual benefit. It
was because of the non-receptive attitude of the Sikkimese problems, which in
a way, caused pin-prick irritations and deepening of suspicion and mistrust in
56

the minds of the Sikkimese who were even driven to the extreme, to look upon
India as having sinister designs on Sikkim. These apprehensions were not
without foundation and to be on the point, a few specific developments could
be conveniently quoted which were, in fact, the main cause of mistrust and
disappointment to the Sikkim Durbar and to the people of Sikkim.

It is interesting to note that every year the Government of India provided


a reasonable number of scholarships to the Sikkimese students for study in the
Indian public schools and Universities, but the procedural way in which the
finalization of the seats and grants were done, because so erratic at times, that
the selected students had to come back, sometimes without getting admission in
the schools and colleges earmarked to them earlier, due to closure of admission
in those institutions resulting in harassment and disappointment. Added to this,
the request of the Sikkim Durbar for similar grant of a few number of foreign
scholarships for advanced technical studies outside India, had not met,with any
success on the plea of shortage of foreign exchange.

Sikkim, like Darjeeling and Kashmir was keenly interested to keep its
door open for tourists to augment the meagre revenue of the State. Since the
prerogative to admit such foreign tourists into Sikkim rested with the
Government of India. Sikkim felt that there had been unnecessary
discrimination in the application of restriction on the inflow of foreigners to
Sikkim as compared to Darjeeling and Kashmir-the later being a more strategic
and politically sensitive area. The Sikkim Durbar's request for a little relaxation
of the inner-line permits issued to foreigners intending to visit Sikkim by New
Delhi, did not amount braining fruitful results, which again caused no less
amount of disappointment to the Government of Sikkim.

Sikkim desired representation on forums and Conferences abroad, but


on this count no appreciable response from the Government of India was
forthcoming. A specific case in the person of late Sanu Bai Sakya, an a,uthority
on metal carving, who with the greatest of difficulty managed to get the
57

approval of New Delhi to attend the World Crafts Council at Lima (Peru),
could not ultimately make the scheduled trip from Calcutta on the 17th of
August 1968, on account of procedural formalities not being completed in time.
The failure of the representative, who was an authority on such metal crafts
with Sikkimese exhibits to attend the said Council, had also caused deep
disappointment and frustration to those clamouring for a change in the relation
of the two countries.

Nepal invited the Chogyal on the occasion of then Crown Prince


Birendra's wedding during February 1970. The ·chogyal accepted the invitation
with a happy heart, but subsequently had to stay back, when he was officially
informed by Nepal that the Chogyal of Sikkim during the wedding would be
accorded the status of the Head of the Government instead of as Head of State.
It was understandable, that the Chogyal was visibly hurt by the sudden change
of Nepal's attitude, in regard to the last moment decision to accord him the
status of a Head of the Government.

It was however, considered by the Chogyal that it is his dignity to


personally attend the function for reasons of his own. But in order not to
construe his personal absence as an act of discourtesy and to maintain his
personal good relation with the Nepal Royalty, he promptly deputed an official
delegation consisting of the Executive Councillors and high officials to
represent him New Delhi's alleged involvement to induce the Nepal
Government to revise its decision soon came to light thereafter, and the extent
of Delhi's commitment had been duly endorsed in a weekly publication in
Nepali from Biratnagar, which stated that according to the news received here,
it was learnt that the king of Sikkim was obliged to stay back from attending
the marriage ceremony of His Royal Highness the Crown Prince of Nepal o:ri
account of protocol obstacles put fo;rward by the Government of India. The
Chogyal and the politically conscious Sikkimese were greatly upset and hurt
over the interference of New Delhi
58

Sikkim had always projected her desire to the Government of India to


afford necessary facilities for direct export of her handicrafts and other local
products through arr Indian port by duly observing all the formalities required
under the custom laws. In pursuance of her objective on this account, the
Sikkim Durbar had also requested for the maintenance of a separate foreign
exchange account with the Reserve Bank of India, to facilitate her to use the
same occasionally according to the admissible quota, as normally allowed
under the Foreign Exchange Rules. The request, however, was not acceptable
to the Government of India for reasons not known. Alternatively New Delhi·
promised to meet reasonable foreign exchange requirements of Sikkim,, which
were considered to be absolutely unavoidable. In actual operation, the limited
foreign exchange requirement for Sikkim, had been minimal to cover only few
cases of specific urgent needs, resulting in resentment frustration to the Sikkim
Durbar.

Sikkim had several small enclaves in Tibet, which had been the Private
Estates of the Royal family of Sikkim. These Estates were given by the
Government of Tibet to the Maharaja of Sikkim, in the past as gifts of
friendship, co-operation and good relations maintained by the successive rulers
of Sikkim with Tibet. They were located at Dopta and Chumbi areas of Tibet.
The Chumbi valley belonged to Sikkim at one time. The time of the ninth
Maharaja Thutob Namgyal, it was customary for the Sikkim Royal family to
reside in the Chumbi Palace during the summer months. This practice,
however, came to an end, after the British took over the administration of
Sikkim in 1890.

The administrative control over these enclaves was practically the


responsibility of the Lhasa Government, but the Royal family of Sikkim
enjoyed special concession ar;d rights over these enclaves, in regard to the
utilization of the free services of the people of Chumbi and Dopta. In fact, the
inhabitants of these places were exempted from the customary Tibetan taxes
and forced. labour, by the Tibetan Government, but they were subjected to the
59

supply of free labour, transport, fodder etc., to the Royal family of Sikkim as
and when they visited or passed through their areas.

A "KU-CHAP" (representative) of the Sikkim Durbar, usually stationed


at Phari, used to look after the interest of the people of Chumbi and Dofta.

The Communist China took over control of these Estates following the
occupation of Tibet. Sikki~ Durbar, thereafter, made repeated requests to the
Government of India, to take up the question of free movement facilities of the
people of these areas to Sikkim and vice-versa and for the non-interference in
their daily lives. Communist China gave little or no importance, and it was a
matter of mere conjecture whether the Government of India had at all, initiated
the move to bring the issue to the notice of the communist China. 5 Since there
was no response on the subjects, the Sikkim Durbar felt that as the Government
of India was responsible for the defence of Sikkim, they had not taken up the
matter in an appropriate way to the satisfaction of the Sikkim Durbar Sikkim's
fate was inextricably interwoven with India, the biggest democratic country of
the world. Therefore, it was all the more necessary. that such petty incidence of
no consequence should have been ignored completely by India or in the
alternative viewed with every consideration and sympathy. More appropriately,
Sikkim and New Delhi could have made genuine endeavour to resolve such
undesirable element on a spirit of mutual accommodation and good-will,
· without leaving any chance of hatred in its trail and also against any possibility
of weakening the relations of the two countries. Nonetheless, no such attempts
were ever made by the Political Officer and the Sikkim Durbar, leaving such
bitterness and misunderstanding callously made to drift on the surface to be
handled and exploited at choice, by selfish opportunities and political leaders,
bent upon putting more doses of venom in the minds of the Indian leadert- to
the great cost of Sikkim r.s a whole.

Moreover, with the speedy improvement in the network of roads and


communications, closely followed by that of the opening of more schools in the
60

remote areas of the country, the dawn of political consciousness to the people
also gave accelerated impetus to Clamour more for early election and other .
speedy political and economic reforms. The Sikkim Durbar too was not
wanting on these accounts, and all possible measures were undertaken to cover-
up such political and economic reforms, that could be practically implemented.
The Panchayats at the village level, which were introduced in 1950, but not
functioning properly, were given fresh lease of life and a new formula of their
formation and mode of election was evolved in 1966. Under the new revised·
system, the Panchayats were made responsible for the village administration
and co-ordination of the development programmes. In addition, they were
entrusted to look after the maintenance of the village roads, water supply and
school. Elections to the Panchayats on the basis of one vote for each family and
campaigning of party tickets were considered to be disqualification to the
intending candidates.

The renewed enthusiasm emanating from the political leaders


demanding early elections, the Sikkim Durbar also felt that any dithering on the
issue would bring more complications, and might even create chaotic
conditions in the country. They, therefore, deemed it not desirable. to
predestinate the holding of elections any longer and finally gave the green ·
signal for the holding of the third General Election. Third General Election
went to the polls in March 1967. In keeping with the declared policy of the
Durbar to increasingly associate the people more and more in the governance
of the country, there had been a steady rise in the component of the elected
seats of the Sikkim Council. In consequence there of, the elected seats of
Bhutia-Lepcha and the Nepalese were increased to seven each and two
additional seats were accommodated, one for the "TSONGS" and the other for
the "SCHEDULE CASTE", besides the one reserved for the Sangh:.t and one
General seat with six nominated seats, making all the overall strength of the
Council to that of twenty four. As, however, in those elections, none of the
political parties having achieved an absolute majority, the formation of the
61

Executive Councillors was once again conducted on the pattern of a coalition


Government, the opposition to take charge of the transferred subjects.

During this period there were some activities of the political leaders, and
their clamouring for more democratic reforms was also less intense. The
Sikkim National Congress, which could not shape well in the last general
elections, had to consolidate its lost grounds, and naturally its main activities
were solely confined to the rural areas, for more exploitation of the bustiwallas.
On the other hand, the Sikkim Durbar was also exploring ways and means to
extend possible coverage and more participation of the people in the shaping of
the destiny of the country to achieve their ultimate goal for a popular
Government. In search of such a goal, the ·Sikkim Durbar was genuinely
interested to implement a type of Constitution for the country, which would be
more or less on the similar pattern of small countries like Norway and Sweden.
This dream of a mini constitution, which the Sikkim Durbar had contemplated,
and which would be mutually acceptable to the Chogyal and the people, could
not materialise due to increasing political deterioration in the country
clamouring for immediate implementation of democratic and other economic
reforms.

On completion of his assignment as the Principal Administrative


Officer, R N. Haldipur relinquished his post in early 1969. For sometime, there
was a vacuum created due to considerable delay experienced in the final
selection of an able substitute. The Chogyal, preferably wanted a senior retired
officer of the Government of India to man the highest post of the State.
Eventually, after a great deal of probing, his choice veered round to one Shri
I.S.Chopra, a retired Indian diplomat The Sikkim Durbar in due course,
requisitioned his services, and he was duly appointed by the Chogyal with a
further change in his designation as the "SIDLON" of Sikkim (Chief Minister)
in June 1969. Shri I. S. Chopra was an able officer of the Government of India
and a seasoned administrator before his retirement.
62

In the meantime the Sikkim National Congress, had its own share of
disappointment so much so, that it had to face a severe split in the ranks within
its organization, resulting in the alienation and formation of a splinter group
namely the Sikkim Janata Party, with Shri Lalbahadur Basnet as the President
and Shri K.C. Pradhan as its General Secretary during the. month of December
1969.

Following the Government of Sikkim issuing a Proclamation the fourth


General Election of Sikkim on 9th April 1970, hectic political activities once
again rose to a cres~endo and after a whirling tour of electioneering campaigns
all over Sikkim, the different political leaders were all poised for the battle of
ballots. The Sikkim Durbar, in the meantime, withdrew its recognition of the
existing Election Committee, that had conducted two successful General
Elections in the past and ushered in its place two stalwart young officers of the
Study Forum Group, who also incidentally happened to be the members of the
External Affairs Committee.

Fourth General Election 1970

In due course, Sikkim went to the polls for the fourth time from 9th
April to 14th April 1970. The result, which w~s announc~d on lOth of May
1970, showed the emergence.ofthe National Party as the largest single party,
while Sikkim Congress and Sikkim State Congress trailed behind securing
second and third place respectively. The Janata Party, to their great
·consternation was completely routed. The aftermath of the Elections, brought
as usual brisk stampede for powers among the leaders of the different political
groups, who were mainly interested for the loaves and fished for the office. The
inner-broil existing among the political leaders aspiring for the Executive
Councillorship was indeed a boon in disguise to the Sikkim Durbar. Wirh such
deep differences coming up openly to the surface, the appointment and
formation of the Executive Councillors was a matter of choice and
convenience. The Sikkirn: Durbar had thus sufficient chance to deploy and
manoeuvre its own stake to keep the gap of the existing differences in active
63

circulation. However, to bring about at the same time, a congenial atmosphere


in the working of the administration as a whole, the appointment of the most
articulate leaders among the three different parties, was found most convenient
to ensure the least possibility of opposition and un-called for criticism against
the Government by the respective parties. With a view to create and blend the
required atmosphere and to fulfill the declared policy of the Durbar to
increasingly allow the participation of the public in the administration of the
country, the enlargement of the body of the Executive Councillors to take
charge of the Transferred Subjects was found unavoidable to satisfy the
aspirations of the leaders and the people of Sikkim.

The number of Executive Councillors thus was enlarged to six with no


Deputies, and the overall party-wise position in the composition of the
Executive Councillors was arrived to that of three from the National Party, two
from the Sikkim State Congress and one from the Sikkim National Congress.
Following the composition of the six Executive Councillors from the three
major political parties of Sikkim, the Sikkim Janata Party, which was a
factional party of the Sikkim National Congress, and which had suffered a
debacle in the General Elections, · saw further disintegration due to severe
dissension among the top echelons of the party. The result was a foregone
conclusion, and a new party known as the Sikkim United Front came into
existence in September, 1970.

· K.C. Pradhan the erstwhile General Secretary of the Janata Party


defected and switched his all allegiance to the United Front. To project himself
as a messiah of the poor and the suffering mass, he became the most articulate
member of the United Front demanding revision of the 1950 'Indo-Sikkim
Treaty', Sikkim's separate identity on the equality basis and othe; anti-Indian
f,•ropaganda to the great annoyance of the New Delhi.

The anti-Indian activities freely infused and indulged in by the United


Front leader, the Sikkim Durbar was put in a quandary. But considering that
64

such prejudicial activities against the friendly and great country of India,
should be promptly nipped in the bud, the Sikkim Durbar had to take
appropriate steps and had even conveyed its concern and displeasure against
the individual concerned, to stop indulging in such activities which were
considered to be against the interest of Silqcim.

The Government of India also on its part, could not afford to remain a
silent spectator, and had appropriately reacted sharply and took serious
exception to this unfriendly move of the United Front's undesirable anti-Indian
propaganda in Sikkim. They found it extremely necessary to convey their
serious concern and displeasure to the Chogyal 9f Sikkim through their Foreign

Secretary Shri T .N Kaui, who paid a hurried visit to Gangtok. ·A sequel to this
impromptu visit had necessitated the holding of an emergent in camera meeting
at the Palace, where the anti-Indian activities precipitated by the leader of the
United Front, had figured prominently in the ensuing talk.

Tactfully handling the situation, the Chogyal managed to diffuse the


concern and annoyance of the Government of India, and the meeting was
finally wound up to their mutual satisfaction. The Chogyal further assured T.N
Kaul of his fullest co-operation in resolving such petty misunderstandings
through mutual discussion in future, so that the good relation existing between
the two countries should have no set-back by such minor incidents. Another
major reform, which the political leaders had been so vociferous about was for
the delegation of more executive and financial powers to the Elected Executive
Councillors. The leaders of the Sikkim National Party, who were dubbed as
pro-Chogyal and who had been all along maintaining a status-quo, came up
most amazingly and unexpectedly in the open arena of fight to give their
unflinchiLg support to the other leaders in this regard, for more powers and
even went a step further to champion the cause of the Departmental Heads for
similar delegation of powers. Surprisingly enough, the leaders were unanimous
in their claim and further alleged that the Chogyal was responsible for too
much concentration of powers. They contended that with the march of time and
65

for the gradual democratization of the country, it was high time that the
Chogyal should take not of the writing on the wall and should seriously
consider an early implementation of the demand of the people. They were
further of the opinion, that the Chogyal's administration was virtually
influenced by the selected "caucus" resulting in the frustration and
disappointment to those whose loyalty to the Chogyal was unquestionable and
for all purpose, had stood for the good of the country.

At this moment, the atmosphere of Sikkim's internal administration ran


into foul weather with the scathing criticism of the Himalayan Observer, an
English Weekly paper of Kalimpong and a mouth-piece of the Sikkim National
Congress, charging the Government of Sikkim of indulging in corruption,
favouritism and nepotism. I. S. Chopra, the Sidlon of Sikkim, was also not
spared for taking undue advantage of the Chogyal's generosity, by exploiting
the exchequer of the Sikkim Durbar, and misusing the fund for his own benefit.
It was considered to be not in tune with the financial proprieties. Unfortunately
to coincide with this, the situation further deteriorated by the combined anti-
Indian activities of the Study Forum and the United Front, which unnecessarily
attracted avoidable hatred and antagonism of the Government of India, thereby
causing the already tenuous relation of the two countries to further erosion and
distrust.

The Sikkim National Congress issued its famous Bulletin No. 2, in


January, 1972, which carried inter-alia various bizarre allegations about the
maladministration of the Chogyal and misuse of Government money· for his
frequent foreign tours. The contents of the said bulletin which sparked off
charges against the functioning of the Chogyal's administration, caused no less
amount of animosity and resentment amc•ng the leaders of the Sikkim National
Party and the Sikkim Congress, who . openly condemned the charges as
completely unfounded and untenable. The Executive Councillors of the two
opposing groups, jointly and unanimously agreed that Kazi L.D Khangsarpa
being one of the Executive Councillors of the Chogyal's Government and
66

holding important Department of the Government of Sikkim, could not, by any


stretch of imagination, accuse or criticize and bring such unfounded allegation
against the very Government in which he himself figured as an important
component of the administrative machinery.

These leaders were said to have been very much perturbed, and they in a
body insisted that the whole issue be taken up in the ensuing Council Session
for a thread-bare discussion on the subject. Following their combined and
determined move on this issue, the matter was a subject of a thorough probe in
the State Council. All the members present in the Assembly _House gave
dispassionate hearing against the charges contained in the said bulletin. As one
could anticipate, the outcome of the heated discussion was a foregone
conclusion and all the members were unanimously of the view that the so
called allegations were after all frivolous and imaginary in character and had
absolutely no basis of truth and, therefore, should be condemned with all the
contempt it deserved. The discussion had also dramatized and pin-pointed the
guilt on Kazi L.D. Khangsarpa as the main perpetrator and instigator of the said
bulletin, as he being. the President of the Sikkim National Congress had given
his concurrence and approval while forming into shape the various allegations,
as contained in the bulletin and later in his authorization of its publication.

Just before concluding the meeting of the day, 'No-Confidence motion'


was duly adopted and carried out against Kazi L.D Khangsarpa by all the
members of the Sikkim Council, which ultimately left the Government of
Sikkim with no choice but to complete the process of his dismissal from the
Executive Councillorship in due course. The Sikkim Durbar filed a complaint
against D.B. Gurung as a sequel to the dramatic development, the Publicity
Secretary of the Sikkim National Congress, under whose signature the bulletin
had been published, charging him,of sedition. Kazi L.D. Khangsarpa was also.
not spared and a complaint was filed against him of a similar offence.
Following the complaints ofthe Sikkim Durbar, non-bailable warrants of arrest
were issued against both of them. However, both Kazi L.D. Khangsarpa and
67

D.B. Gurung, managed to escape th~ drag-net of the Sikkim Police, by taking
political asylum at Kalimpong in the neighbouring State ofWest Bengal.

While it was so, Kazi and Kazini Khangsarpa both left temporarily for
London to attend to some urgent personal affairs of Kazini Khangsarpa, leaving
D.B. Gurung in Kalimpong to fend himself till their return from abroad. On the
other hand, the Sikkim Police did not remain in comatose or in inactivity for
long to rope-in D.B. Gurung at the first opportunity during the absence ofKazi
Khangsarpa who was then in London. Their dogged presences paid high
dividend, and D.B Gurung who fell an easy prey to the lure of the Sikkim
police, came voluntarily to Gangtok from Kalimpong and later surrendered in
the Lower Court of Sikkim. It was not to be wondered that D.B. Gurung
pleaded his innocence on the ground that the bulletin was, in fact, the product
of the combined efforts of the luminary leaders of the Sikkim National
Congress including N.B. Khatiwada, and his maximum contribution of
commitment to the bulletin was only to the extent of his signature, which also
was obtained under sustained pressure and duress.

With the departure of I.S. Chopra, the first and the last Sidlon of Sikkim,
left Sikkim on completion of his term of appointment of securing on loan the
services of a senior officer of the Government of India to advise and assist the
Chogyal in running the administration of Sikkim, also came to a glorious end. ·
Although it was alleged by some interested individuals that this unilateral
action of the Chogyal was considered to be a departure of his mutual
commitment and understanding with the Government of India, to utilize the
services of a senior Indian Officer to help him in administering the country,
nonetheless the Chogyal was determined to do away with this arrangement to
eventually man the admini~tration by Sikkimese personnel. The Chogyal,
thereafter, took upon himself the direct control and supervision of the
administration, from June 1972, thus setting aside the intermediary rung
between himself and the Chief Secretary. To make himself more approachable
68

by the officers and the public alike, he duly shifted his office from the palace to
the main Secretariat Building for convenience to all concerned.

Fifth General Election : 1973

In September, 1972, the Government of Sikkim issued an Extraordinary


Gazette Notification announcing the holding of the 5th General Elections of
Sikkim in January 1973. Jt was closely followed by a press release of the
Government, cautioning the people not to fall victim to the tentacles of the
disgruntled and short-sighted political leaders, who were trying to sow the
dragon's teeth with a sinister purpose of fostering communalism and discord.
The Government of Sikkim, further warned the people that the liberal and
accommodative policies pursued by the Sikkim Durbar, should not be
construed as a weakness, but in all matters affecting peace and tranquility and
security of the country as a whole, the Sikkim Durbar would not hesitate in
taking strongest measures against such anti-social and anti-national elements,
who were found bent upon disturbing the peace and tranquility of the country
as a whole.

Owing to inner dissension, prevailing among the leaders of the Sikkim


State Congress and the Jana.ta Party, a new organization known as the Sikkim
Janata Congress came into being during August 1972, which was again a
combination of the break-away group of the two parties, mainly composed of
such aspirants and opportunists, who were stampeding for seats in the
forthcoming elections Broadly speaking, the birth of the Sikkim Janata
Congress thus acted like a booster to the leaders of the State Congress and the
National Party, who felt fully satisfied on account of the dent caused on the
overall strength of the Sikkim National Congress, who was their main
opponent. It also gave, them sufficient momentum to freely surface out their
misgivings and apprehensions in regard to the surreptitious and apprehensions
in regard to the surreptitious movement of the leader of the Sikkim National
Congress and who was they claimed, not only professed to be all out for anti-
69

· social activities, but they were admittedly rank-communalleaders. They further


I

reiterated their stand that these leaders bore sympathy ·and were in the good
book of the Political Officer of Sikkim. Their presumption on this count, as
they claimed, was amply justified by the fact that the Political Officer had
intervened and brought a compromise between the Chogyal and Kazi L.D.
Khangsarpa. As a result thereof, the Chogyal was prevailed upon to withdraw
the sedition charge pending against Kazi Khangsarpa and N.B. Khatiwada, and
even the date of filing nomination papers was extended just to accommodate
the two leaders of the Sikkim National Congress - an unconventional step,
which then considered_ to be unprecedented on the 5th General Election 1973.

With such background of communal hatred hovering iii the atmosphere


followed by the relation of the two countries being strained, the stage was set
and the people of Sikkim went· to the polls for the fifth General Elections,
according to the schedule in January 1973. The leaders of the three main
political parties went all out to induce the people to vote for their respective
parties, duly releasing their manifestoes with all bright promises to fulfill the
hopes and aspirations of the people and to concentrate their efforts for the rural
developments, if any of them were voted to power. With the ,gradual dawn of
political consciousness among the general mass, the tum-over of the people on
the polling date was quite heavy, and the percentage of voters was higher than
those of the previous ones.

There were no untoward incidents, worth mentioning. Polling in all the


polling stations was as satisfactory. A fresh poll was ordered for Bigmet
constituency of South Sikkim for some reason.

On 29th of January 1973, the counting of the votes started in the White
Memorial Hall at Gangtok. While in the said process of counti3g a major
incident developed involving the ballot boxes of the two Nepalese candidates
fielded by the Sikkim National Party, polled at the Rabang Polling Station of
South Constituency. Some prominent leaders of the Sikkim National Congress
70

detected some kind of rigging in the two boxes where ballot papers were found
to have been manipulated by the Presiding Officer. Vehement protests and
written complaints were lodged on the spot to the Election Committee
requesting the investigation of the anomaly in regard to the alleged rigging of
the two boxes of the Nepalese candidates of the National Party and to order for
a fresh poll. The Election Committee, however, rejected the request of the
leaders of the Sikkim National Congress insisting for a re-polling of the
Rabang Constituency, as of no consequence which did not call for any genuine
considerations. Instead, the Election Committee gave their findings on the spot
that there was nothing wrong in the polling of the Rabong constituency as
alleged by the leaders of the Sikkim National Congress, and if they were not
satisfied in the verdict so given, the way was open from them to approach the
Election Tribunal for the redress of the their grievances. It was at this point, the
Rubicon was crossed, which was to blow off an unprecedented uprising of the
Sikkimese people against the feudal regime of the Chogyal, that led Sikkim to
ultimately go for a merger with India. In fact, it was the proverbial last straw
that drove the two factional political parties namely the Sikkim State Congress
and the Sikkim National Congress to throw their basic difference to the wind
and to combine their offensive strategy under one common banner to fight
against the feudal bureaucratic Government of the Chogyal.

Following the decision of the Election Committee, given on the spur of


the moment, pandemonium broke out where it was bedlam let loose, resulting
in the tornado of bitter altercations between the members of the Sikkim
National Congress and the Sikkim National Party, each of whom in a most
towering rage burled abuses and insulting invectives against the opposing
members As anticipated, the whole situation abruptly took and ugly communal
tum and in the ensuing turmoil, a veritable clash of bmte strength was
providentially avoided by the hair-breadth intervention of the Chief Secretary,
Government of Sikkim, who was there on the spot for the overall supervision
and for the maintenance of law and order
71

In this situation, some die-hard youngsters of the opposition parties and


who were considered to be the hard-liners of the movement were clamouring
from outside the counting hall to boycott the counting of the votes which was
in progress and to come out from the hall. Finding no way for a reasonable
settlement of their grievances by the Electiop Committee, all the leaders of the
different political parties except the National Party, left the hall en-masse, only
to participate in a protest march surcharged with communal outbursts late in the
afternoon in the Gangtok market. The senior leaders of the National Party
alleged that following the heated and abusive altercation with the National
Party leader, N.B. Khatiwada became over night a communal leader. It was
further alleged that he induced the school girls to shun using the Sikkimese
Bokhus (traditional dress) and persuaded the school boys to wear Nepali caps
supplied abundantly by him. Fortunately, the communal trouble did not flare-
up and it just evaporated into the atmosphere as a matter of no consequence

If we recall the dramatic fall of the 29 days Interim Ministry of late


Tashi Tshering in May 1949, the main political parties that continued to be in
the orbit, were the Sikkim State Congress, the Sikkim National Congress and
the Sikkim National Party. But because of their avowed policies being
diametrically opposed to each other, they miserably failed to resolve their basic
and fundamental differences to create a common platform. Paradoxically, the
cancerous disunity and the deep-seated wrangle persistently subsisting between
the State Congress and the Sikkim National Congress (both parties
predominantly composed of Nepalese members) afforded the required leverage
to the Sikkim Durbar to run the affairs of the State, conveniently with the
active cooperation of the Sikkim State Congress and the National Party, the
latter being considered to be the protege of the Palace and having certain
pobtical alliance with the Sikkim State Congress, leaving the Sikkim National
Congress in the lurch. In the context of the prevailing situation, the Sikkim
Durbar had successfully maintained the status-quo for about two decades by
strictly keeping at bay the least possibility of any rapprochement between the
72

two major warring groups, namely the Sikkim State Congress and the Sikkim
National Congress. But the faux-pas on the part of the Election Committee in
refusing the repolling of the Rabong constituency for the alleged tempering of
the ballot boxes of the two Nepali candidates ·of the National Party, triggered
off the long awaited unification of the two major parties to fight jointly against
the Sikkini Durbar. Quite sigri.ificantly, had it not been for the continued
obstinacy of the Election Committee to ignore the joint request of the opposing
political leaders for holding the repolling of the Rabong Constituency, the
amalgamation of the two major political parties who were at logger-heads for a
fairly long period of years, would. not have been possible and the pages in the
history of Sikkim would have been differently written by future writers.

Repolling at Rabong: The leaders jointly submi~ed memorandum to the


Chogyal alleging that the polling at the Rabong Constituency had been heavily
rigged and demanded immediate action against the officers involved and also
for repolling of that constituency. The Chogyal had an emergency meeting with
the Election Committee on the same afternoon at the Palace to explore the
possibility of resolving the crisis, if the allegation of tampering with the ballot
boxes was consistent with facts. During the course of discussions the Election
Committee reiterated their earlier decision. They also persisted that they had
properly handled the situation in an impartial manner, and as such, there were
no sufficient or mitigating circumstances to warrant for or to attract special
merit to call for any further consideration to order for a re-polling of the
Rabong Constituency. They further contended that the whole charge was based
on flimsy grounds and that the allegation was not substantiated by any
clinching proof. The question of re-polling of the Rabong Constitutency,
therefore, was preposterous, and the complainants should be asked to approach
the Tribunal for the redress of their grievances, if any. For all practical purpose,
the hasty decision of the Election Committee to bluntly reject the joint request
of the political leaders was a deplorable error of judgement. Following its
announcement, the smothered and bestial ferocity of the mass surcharged with
73

occasional flashes of venom injected by the leaders of the Sikkim National


Congress and then supported by the Sikkim State Congress, exploded like a
bomb and events thereafter followed an unexpected sinister tum in the history
ofSikkim.

The results of the election were duly announced and the Sikkim National
Party emerged with a thumping majority by securing 11 seats, followed by the
Sikkim National Congress and the Sikkim Janata Congress with 5 and 2 seats
respectively, in a house of 24, including the 6 nominated members. The new
Council was, thereafter, inaugurated and sworn-in, but the composition of the
body of the Executive Councillors was greatly resented by the Sikkim National
Congress and the Janata Congress on grounds of discrimination.

Exasperated by what seemed to be a willful web of injustice done by the


Election Committee and finding no immediate redress to their earlier
complaints submitted to the Chogyal, the Sikkim National Congress, ~he Janata
Congress and the Sikkim State Congress spurred into action and formed a
"JOINT ACTION COMMITTEE" with Kazi L.D. Khangsarpa as the
Chairman. They had also· fully empowered the Council to take such requistic
steps conducive to the immediate implementation of the resolutions adopted by
them earlier, demanding among others, and their four main objectives as pre-
conditions to any subsequent talks with the Sikkim Durbar. With mounting
pressure gaining momentum at_every passing miriute from the youth activists
urging swift action, the Joint Action Committee gave the ultimatum to the
. Sikkim Durbar, that if their demand namely (i) full fledged democracy, (ii)
written constitution, (iii) one man one vote and (iv) absolution of the Parity
system, were not considered and met wit}l a reasonable time, they would be
forced to take the extreme measur~ to incite aLd goad the people to
·demonstrate and prevent the 50th Birth--Day celebration of the Chogyal, which
was scheduled to be held on the 4th April1973. 6
74

In this process, at one stage of the negotiation, it was claimed by those


political leaders that when they were in the process of confrontation with the
senior officers of the Sikkim Durbar, they had even suggested that they would
be prepared to withdraw the agitation for the time, if the Sikkim Durbar
conceded to their demand of fresh elections on the basis of "one man one vote"
in the immediate near future. However, as ill luck would have it and despite all-
out attempts by the Chogyal and his trusted senior officers to bring about a
truce, no appreciable ground could be broken, as. the rift seemed to be beyond
reconciliation. Bluntly speaking, it was besides the point at that crucial
moment, whether a common and acceptable ground could be achieved at all, as
the Youth Congress - a veritable group of riotous disorderly young crowd,
mostly fed with hatred and violence, and nonetheless, with a touch of
communalism, were all ready for a showdown of strength. They had, in fact,
infiltrated and spread-out in batches to cover all the rural areas earlier, and
thorough use of every conceivable coercion, intimidation, persuasion and threat
to set fire to their home-steads, they literally forced the adult inmated of every
house to march towards Gangtok, on their own steam and with their meagre
rations leaving behind only the infirm and the children to guard their homes.
Simultaneously, within a matter of days, they had also over powered the police
stations of their areas resulting in the complete break-down of law and order
throughout the whole of Sikkim.

To be specific, thus the people had little or no choice left but to plod on
towards Gangtok. In due course, they gradually began reaching the capital
(Gangtok), in groups from difference parts of Sikkim, with harrowing tales of
acute suffering on the way to participate in the demonstration.· 4th of April
1973, at last dawned, with not even a speck of cloud in the sky, for the
celebration of the Chogyal's 50th Birth-Day. Fully anticipating that the ever
swelling crowd would prove to be a menace to the law and order problem, the
Sikkim police took precautionary measures by erecting a barrier on the main
road a little below the Gangtok Bazar. Notwithstanding the explosive situation,
75

which was very much in and around Gangtok, the morning programme of the
celebration went off admirably well. However, as the day wore on, the
demonstrators in the meanwhile, surged on to break the police barrier, and in
\
the ensuing scuffle the police were compelled to take recourse to tear-gas shells
and a couple of shots were even fired when the demonstrators became unruly
and resorted to throwing of stones and soda bottles, causing a bullet-wound to
one of the demonstrators. With such a tense situation prevailing then, the rest
of the celebrations of the day were called off at noon, with the furthet
deterioration of the weather followed by heavy gales and rain in the afternoon.
An untoward incident also occurred at about the same time, when the crown
Prince Tenzing Namgyal drove down to Sang-Khola with his security officer,
but was stoned and gheraoed while on his way back at Ranipul, by a group of
young rowdies, who threatened physical force to pull him out of the jeep. The
young prince, however, managed to escape through the alertness of the security
officer who was compelled to fire two rounds from his revolver, thereby
wounding three of the rowdies including two women in the crowd.

Suddenly it became indeed a real purgatory to the residents of Gangtok


.
and its surrounding areas. There was no law and order The demonstrators were
running amock, with murderous intention of arson and loot against the elite
caucus group of the Chogyal including those, who were supporting him, thus
creating· complete chaos in the capital. 7 The shameless act of vendetta was
symptomatic of what was going to happen and future events were casting their
sinister shadows. In fact, they were constantly on the prowl to satiate their
treacherous urge of vandalism. It was openly claimed by the influential leaders
of the National Party, who were then facing complete annihilation, that the
Joint Party's (National Congress, Sikkim State Congress and Janata Congress)
phenomenal success to create such an abnormal condition in the ·whole of
Sikkim, was the sum and the indirect result of the sympathy given by the
Political Officer. The police personnel of Gangtok fought loosing battles
against the overwhelmingly large number of demonstrators and had to
76

ultimately give way in the long run. Similarly, the members of the newly
formed "Sikkim Prajantra Party" mainly composed of the youth volunteers of
the pro-Chogyal shared the same fate against the frenzied crowd who became
blind with abnormal success. The resulting encounters brought a number of
casualties on both sides.

The Central Reserve Police (CRPF) who were· intended to be the


custodians of law and order, were not able to successfully intervene in the
drama of atrocity freely indulged in by the young Janta activists. Three of the
high ranking leaders of the National Party were unfortunately subjected to the
worst ignominy. They were rounded up from their houses. After partially
disrobing them and smearing their faces with soot and filth picked up from the
street gutters, they ·were securely bound with ropes and paraded before the
public in the main market led by Namleys (hazar porters) who held the end of
the ropes of the victims both from the front and also from behind. The
unprecedented scene further lent glamour by the amusing feat of the porters,
who simultaneously controlled the pace of the victims through the
manipulation. of the ropes according to the movement, speed and whims of the
young rowdies and the crowd. The small urchins of the street in tattered
garments jeered and made fun of the victims. To them, the three leaders
represented like pet-monkeys being led for exhibition. It was also rp.ost
unfortunate that there were sporadic cases of arson and looting done by the
young activists. Reports reaching Gangtok gave a very grim picture to what
extent the ire of the young miscreants could reach to its consumption in the
pursuance of their personal vengeance under the garb of "Janta Raj". A few
houses were burnt down to ashes in some villages but no casualties of death of
the inmates of such houses was reported.

A daring murder was even perpetrated openly by the young ruffians of


the Joint Party. The victim Phurba Maila of Song, who happened to be Acting
President of the National Party, was ruthlessly gunned down in his own house
at Song Bazar by some young ruffians. The murder was hurriedly planned and
77

hatched by those miscreants and the hoodlum at Singtam Bazar on the main
instigation of a few extremists posing as leaders, and claiming to have
sufficient pull with the Joint Party. It was also alleged by some who were in the
inner confidence of the youth group, that those who ingeniously planned the
murder, timed the right atmosphere of lawlessness to vindicate their personal
grudges against the deceased, who used to be an influential orange business
man, bearing ample weightage around the neighbouring areas. The perpetrators
of the crime were not traced and no arrest was made.

At one stage, three of the prominent leaders of the opposing National


and Sikkim Prajatantra Parties, were also kidnapped at broad day-light from the
S.T.N.M.· Hospital, when they went there to see a co-leader who was a victim
of an earlier assault. They were forcibly and unceremoniously hustled into a
jeep and were surreptitiously taken to an unknown destination with murderous
intention. Fortunately, it was through the frantic and timely intervention of one
of the senior most leaders of the Joint Party that the lives of the victims could
be saved in the nick of time. The leaders of the National and the Sikkim
Prajatantra parties openly claimed that the C.R.P.F. (Central Reserve Police
Force) had also freely indulged in the commission of the few excesses
calculated to wipe out the activities and the remnants of the opposition group
together with those who had been pro-Chogyal. In the said process, a few
prominent members were severely assaulted necessitating hospitalization. All
these heinous commission of acts, as claimed by the leaders of the opposing
group, were committed by the young miscreants of the Joint Party under the
patronage of their senior leaders who gave them immunity and coverage
against any legal action by the arresting authority.

Thus, with the situation going from bad to worse, thP. Chogyal requ~sted
the Political Officer to secure the services of a senior Officer of the
Government of India to assist him in restoring normalcy. Following the
request, Avatar Singh, Secretary in the External Affairs Ministry, flew to
Gangtok and on arrival, he immediately went into conference with the leaders
78

of the Sikkim National Congress and the Sikkim Janata Congress including the
Political Officer, in search of a mutually workable solution acceptable to both
the Chogyal and the political leaders. However, in the ensuing joint conference,
Avatar Singh made all-round attempts to narrow down the wide gap of
difference, but the talk ultimately fizzled out as to immediate formula to a
peaceful settlement of the impasse could be found.

Over and above these, the Indian Army took over charge of all the
police stations of Geyzing, Namchi, Singtam, Rongpo, Melli etc., which were
earlier under the direct control of the demonstrators. The Sikkim police of
Gangtok were also rounded up, disarmed and confined to their barracks and
their functions were temporarily taken over by the Indian Army, until such time
as they were relieved by the C.R.P .F.

When matters having reached the climax, bordering upon chaos, with
the complete breakdown of law and order, the Chogyal had little or no choice
left, but to fall back once again to seek the good mediation of New Delhi, to
extricate himself from the prevailing political embroilment, and to evolve a
mutually workable constitutional reform acceptable to him, vis-a-vis, the
leaders of the political parties. Banking on earlier gains, when the country had
undergone a similar phase of situation demanding democratic reforms by the
then leaders of the Sikkim State Congress during 1949, when the swinging
weight of his relation with the Government of India was in his favour, the
Chogyal once again wrote to the Government of India, on the 8th of April
1973, requesting the take over ofthe administration of the whole ofSikkim. He
also made a further request for the appointment of a senior officer of the
Government of India to run the administration on his behalf. But this time,
Sikkim went ahead to a point from where there was no return.

It was, therefore, a sad irony of fate that the congenial atmosphere


hovering in the horizon of Sikkim in 1949, was not the same as in 1973. The
Namgyal family was maintaining the best of relations with the Nehru family
79

prior to 1949, but the relation deteriorated in the succeeding years due to heaps
of misunderstanding between the two countries until they became poles apart
and Sikkim collapsed like a house of cards of 1973, followed soon by its
merger with India.

At this moment, there was a simultaneous spate of requests made to the


Prime Minister of India by the political leaders of Sikkim, who posed
themselves as the electors of democracy, interceding immediate intervention of
New Delhi before they were "massacred". In deference to the Chogyal's wishes,
the Political Officer· took over the entire administration of Sikkim, 9 pendin:g
arrival of B.S. Das, a senior officer of the Government of India on deputation
to take charge as the Chief Administrator of the State synchronizing the move
of the Chogyal, the leaders of the political parties also called off the agitation
on the cataractal assurance given by the Government of India, that their
legitimate political demands would be fully explored and honoured. On 13th of
April 1973, the Chogyal told a Press Conference that this talks in detail with
Shri Kewal Singh the Foreign Secretary of India, and K.S. Bajpai, the Political
Officer, had immensely helped him to establish a "close and confident relation
between him and India."

When normalcy gradually began limping back to the riot-tom capital,


negotiations were earnestly taken up among the different political -leaders, the
Chogyal and the Indian Foreign Secretary, Kewal Singh, in their final bid to
search for a common constitutional compromise agreeable to all the parties
involved. After a series of moves and counter-moves running for days, an
agreement, envisaging a democratic reform with closer, ties with India and
Sikkim, was reached heralding the fulfillment of the democratic hopes and
aspirations of the people of Sikkim. An awakened political consciousness
roused tiny Sikkim from slumber. But its pragmatic and statesman like ruler
Paiden Thondup Namgyal, Chogyal of Sikkim, was equal to the challenge and
met his people's demands with a rare realism, paving the way for fuller
participation of his subjects in the governance of the kingdom in a democratic
80

way. In the affairs of his state he got able assistance from his wife, the Gyalmo
and of course the Chief Administrator B. S. Das. 10

The Agreement, which fully mirrored the complete approval and


sanction of the different political parties, was signed on the 8th of May 1973, 11
at a brief ceremony held at the Palace by the Chogyal, the Indian Foreign
Secretary Kewal Singh, the main leaders of the Sikkim National Party, the
Sikkim National Congress and the Sikkim Janata Congress. The Agreement
inter-alia envisaged the establishment of a democratic Government
guaranteeing the fundamental rights, rule of law, and independent judiciary and
greater legislative as well as executive powers to the elected representatives of
the people. It also reflected the elections to be based on adult suffrage with
voting principle of "ONE MAN ONE VOTE" and further ensured that "no
single section of the population acquires a dominating position due mainly to
its ethnic origin, and that the rights and interests of the Sikkimese of Bhutia-
Lepcha origin and of the Sikkimese Nepali, which includes Tsong of Schedule
Caste origin are fully protected." The Chogyal was to function as the Head of
the State with only specified powers - the main burden of the day-to-day
administration being entrusted to the Chief Administrator The Agreement,
further imposed that the Assembly would not discuss or ask questions, in
regard to the Chogyal and the members of his family, as also in the matters
which concerned the responsibilities of the Government of India under the
Agreement or under any other Agreement between India and Sikkim, including
the appointment of the Chief Executive and members of Judiciary. By and
large, New Delhi would be solely responsible, for insuring the implementation
of the new democratic changes and in addition would be closely associated
with the main administration of the State. Pending the next elections, B.S. Das
was to carry on the work of the administration with the help of the Advisory
Council composed of the nominees of the three main political parties.

Once again, Sikkim agog with the furtive is planning by the different
political parties deploying their own strategy to fight the coming General
81

Elections on the principle of "one man one vote". To consolidate their


positions, the leader of the Sikkim National Congress and the Sikkim Janata
Congress (the remnant of the Sikkim State Congress, being in the meantime
disintegrated and merged with the Janata Congress) decided to forge their
identity into one common banner, resulting in the unification of a new party
known as "SIKKIM CONGRESS". The Sikkim Congress also at the same time
spelt out its election manifesto embodying drastic political and socio-economic
changes and reforms to usher in a true representative Government of the
people.

Meanwhile, the Sikkim National party and the Sikkim Prajatantra Party,
also made hecti.c consultations and arrangements of alliance among themselves
to fight the ensuing elections against the Sikkim Congress, who then assumed
the form of their common adversary. To all intents and purpose, it was claimed
that the coming elections would have the greatest significance, so much so, that
it would cast the destiny of the Sikkimese peoples' hopes and aspirations of a
democratic Government as against the alleged autocratic Government of the
Chogyal. Taking the gravity of the situation, the different political leaders also
knew for certain that they had an uphill task while locked-up in a combat for
the supremacy of their parties in the battle of ballots which would ultimately
lead them to select the type of government they wanted. Thus, by trading on the
ignorance of the bustiwallas and after an intensive and elaborate campaign
covering the whole of Sikkim, the different parties finally entered the arena of
fight.

Sixth General Election: For the sixth time, the people of.Sikkim went to the
polls for the verdict of the people, and this time to elect the 32 members
Assembly on the principle of one man one vote. It should be clearly
understood, that the Gener[!l Elections were conducted and contested on the
basis of the 1953, Proclamation of the Chogyal, with the only difference that
this time the Election Commission of India was to supervise and conduct the
elections in place of the Election Committee of the Sikkim Durbar.. The
' 82

opposition parties, however, projected their apprehension that there would be


major interferences by the officers conducting the elections, as also the
application of the sheer brute force of the Central Reserve Police Force to
intimate the voters against free use of their votes/franchise.

Exasperated, they had no choice left but to go on into the fray against
heavy odds, hoping against hope, that the Sikkim Government would do
everything possible to conduct the election in a fair and impartial manner to the
satisfaction of all concerned.

Simultaneously, the election results were announced, and as the


anticipated there was a landslide victory of the Sikkim Congress who swept the
polls, bagging 30 seats in the Assembly of 32 members. The Sikkim National
Party barely managed to scrape through with only one seat, while the Sikkim
Prajantra party failed to put even one seat within the orbit of the Sikkim
Assembly. The remaining one seat went to an Independent candidate sponsored
by the Sikkim Congress, who after the announcement of the election results
joined the Sikkim Congress. 12

The lone candidate who was elected from the Sikkim National Party was
like a square peg in a round hole. In due course he was pressurized from all
sides to join the Sikkim Congress under intimidation. In faCt it was next to
impossible to conduct himself with any weight in the Sikkim Assembly as a
lone member of an alien paity, with all round hatred and shunned by the rest of.
the members. His position as such was indeed intolerable, and there being no
alternative, he also had to fall-in line with the other members, and ultimately
joined the Sikkim Congress. With his alignment to the Sikkim Congress, the
party had literally the whole of the 32 members at its command, with not even
one member on theopposition side.

The result was that, Kazi Lhendup Dorji became the undisputed leader
of the Sikkim Congress. While as usual, the Sikkim Congress felt jubilant in
the wake of their phenomenal success with absolute majority in the Sikkim
83

Assembly, the National and. the Sikkim Prajantra parties jointly came out in the
open with the allegation, that as rightly anticipated by them, their hopes on
which they were banking to get a fair and impartial election were. miserably
belied, with the manipulation of the present elections, which were blatantly
rigged by the Government in power and with the polling-booths having
purposely made to hold no semblance of secrecy. They further went to claim,
that the Central Reserve Police Force had also played an obnoxious part in
intimidaring the voters, by the use of open threats and inducing them to tender
their votes in favour of the Sikkim Congress candidate. They had also gone to
the extent of asserting their claim, that Kazi L.D. Khangsarpa and the other
candidate of he Sikkim Congress B.B. Gurung who were elected un-opposed
used the same modus-operandi to force the opposing candidates to withdraw
their nomination papers., which they did under duress to save their lives and
properties from the claws of the young rowdies.

With the abnormal success of the Sikkim Congress, the l~aders of the
Sikkim National Party and the Sikkim Prajantra Party virtually disintegrated
into the thin atmosphere, as they found it impossible to consolidate their lost
ground or to consider even takip.g up congenial steps as to revivify the parties'
image for their future operation, in view of the determined attitude of the ruling
powers to nullify and crush the very existence of any such opposing grounds.
Thus, with the complete evaporation of these two political parties from the
combat scene, the Sikkim Congress reigned supreme as the "Lord of all I
survey". It is understandable, that Sikkim at this stage underwent a brief phase
of unprecedented crisis, with the flagrant violation of all known norms of law
by the young hooligans of the Sikkim Congress, who freely went into a spree
of atrocities and vengeance against those individuals or groups who had earlier
attracted their animosity and hatred, about which, a mentioned had been made
before.

In all these escapades, it was openly alleged by many that N.B


Khatiwada's participation came into prominence, as he was responsible for the
84

commission of many excesses, ably assisted by his unruly militant. youths.


Khatiwada was adopted·by Kazi L.D. Khangsarpa and extensively groomed by
no less a caliber of the standing of Kazini Khangsarpa. He had been reported to
be an exasperatedly confirmed extremist, but a good organizer and an able
orator. He had also in addition, the aptitude to attract a crowd within the
shortest possible time. It was also alleged that although Kazi L.D. Khangsarpa
. . .
was the undisputed leader of the party, Khatiwada was the real king-pin at his
back for all the numerous acts, which in fact, had stood in good stead at their
hour of need in wiping out the least vestige or resistance emanating from the
leaders of the National Party, the Sikkim Prajantra Party and such other pockets
of pro-Chogyal resistance groups and cohorts.

Of the galaxy of leaders who could be capable to steer the ship of the
State in the near future, are N.B. Khatiwada, B.B. Gurung, N.B. Bhandari, and
R.C. Poudyal. Allegation are at large against R.C. Powrel about his communal ·
move to pilot the Land Ceiling Act, meant to deprive the excess lands of the
Tribals and against N.B. Khatiwada his communal move during the counting of
votes at the White Hall, against whom a mentioned has been made earlier. Four
of these stalwarts are thus left in the political arena to rub shoulder against each
other. The public of Sikkim will be keenly watching the future performance of
these leaders to lead the. people of Sikkim to prosperity. At the juncture,
Bhutia-Lepcha leaders are no where to be seen, not even at the horizon
Potentialities are there with the budding leaders, and in course of time they will ·
equally rise as a political leader to guide the destiny of the people of Sikkim.
Meanwhile, they are satisfied to play the role of feeders.

Hence a little mention of interest could also be injected at this stage,


abo·· It the alleged shady activities of some of the prom}nent political leaders of
Sinf;tam Bazar during the zenith of the 1973 uphe~lval. In fact, by sheer
coincidence, one of the member among them who happened to be the
sycophant of Kazi L.D K.hangsarpa, fully made use of his position to become
the real undisputed leader of Singtam Bazar, along with a handful of local
85

young miscreants. These people had literally converted the Singtam Police
Station into a "Janata Jail". People found resisting their cause were
indiscriminately arrested by the young volunteers and brought under escort
even from Gangtok, and after stripping off their main dress, they were dumped
in the said jail with only their underwear to avoid the escape. They also took
upon themselves the charge of feeding the people on transit, who were heading
for Gangtok to participate in the mass demonstration and also for arranging
their transport. On grounds of meeting such legitimate expenses, they
practically gnawed the merchants of Singtam Bazar to the bone, almost to the
verge of bankruptcy, by forcing them under duress to contribute rice and cash
beyond their capacity. It was also claimed with imputation, that even after the
installation of L.D. Kazi's Ministry in power, they were found running a
"Parallel Law Court" at Singtam in the premises of the Police Station by
issuing regular summons to the people on threat of physical enforcement to
attend the court for disposal of imaginary charges put by their stooges and
more interestingly for the recovery of old debts outstanding against the people
of the surrounding areas. The matter, it appeared, came to the notice of L. D
Kazi's Government, but they just ignored the complaint as of no consequence.

It was also alleged by some noted residents of Singtam Bazar that they
had misappropriated the bulk amount, on the plea of their having spent all the
money in meeting the transportation charges of the stranded people from
Singtam to Gangtok, despite the irrefutable fact that they had completely
emptied both the petrol pumps at Singtam and Rangpo. All these commissions
of excesses, as alleged by the opposition groups, were perpetrated under the
very nose of the C.R.P .F who were then policing the country in place of the
Sikkim regular police force that was temporarily disarmed and made
ineffective earlier.
86

Formation of Popular Government :1974

To. give way to the unanimous feelings of the elected members, Kazi
L.D. Khangsarpa was duly elected as the leader of the Sikkim Congress
Legislative Party in the newly constituted Assembly. The first hydra-headed
discord sprung up between the Chogyal and the elected members of the Sikkim
Assembly, in the form of their refusal to take the traditional oath of true faith
and allegiance to the Chogyal of Sikkim. They were eventually prevailed upon
by B.S. Das, the Chief Executive to comply with the formality, which they
reluctantly did under heavy protest. The new Sikkim Legislative Assembly was
thus inaugurated by the Chogyal on the lOth of May 1974, in the Council
House at Gangtok. While inaugurating the Assembly the Chogyal, inter-alia
said "the country was passing through a very critical period, and expressed the
hope that the Assembly members would live up to the high expectations and
contribute their utmost endeavour for the welfare and prosperity of the
Sikkimese people through selfless devotion and service" The Chogyal further
acknowledged the help and expressed his appreciation and gratitude to the
people and Government of India. The hurricane, that ravaged the tiny country
had now simmered down and Sikkim augured not only a happy future, but was
also on the threshold of a new democratic Government, which was alleged to
have achieved through the toil and sweat of the people to replace the present
monarchial Government of the Chogyal. . It was therefore, more logical to
assume that the fruition of their long awaited dream of a welfare State, had thus
become more realistic depending on the ability of the political leaders of the
day, who should adroitly steer the ship of the State to greater prosperity and
economic development for the people of Sikkim in the coming future.

In fact, Sikkim for good or bad, haq already thrown her destiny with the
Southern neighbour India, the largest democratic country in the world, which
was also the custodian of Sikkim to safeguard her integrity as a separate entity
with defence, communication and foreign affairs as their responsibilities.
'87

The Sikkim Congress leaders openly claimed that the hard earned
freedom from the bondage of the Chogyal's feudatory Government, for which
they had persistently fought for the last two decades, was doubly safe in the
hands of the Government of India. They were fully conscious of the
responsibility of the Government of India to do everything possible to fulfill
the hopes and aspiration of the Sikkimese people for ushering in a truly
democratic Government of the. people and for the people.

The speedy development of political reforms which weighted deeply in


favour of the political leaders, Sikkim continued to drift further, for a greater
search to achieve its ultimate goal of a truly representative democratic form of
Government, where the will of the people should finally prevail. Thus, the
urgency of a Clearly defined power of the Assembly and the executive Council
was the cry of the day as the 8th of May 1973, Agreement did not wholly
envisage the dream of the peoples' Government. As however, they apprehended
that in such an evolutionary process, time factor could verily play a mirage
against their march of progress, the Sikkim Assembly, in a resolution, urgently
requested the Government of India for the early deputation of a constitutional
expert to draft a legal Constitution in terms of the peoples' demand for a
democratic set-up in Sikkim, which should besides others, specifically
elucidate the powers of the Chogyal, the Chief Executive, the ~ouncil of
Ministers and the Assembly.

A similar request by the Chogyal was also made at the same time, and in
response to the joint request, the Government of · India deputed C.R.
Rajgopalan, a former Law Secretary for the purpose. A delegation of the
Sikkim Assembly members, led by Kazi Lhendup Dotji met Rajgopalan on his
arrival at Gangtok and discussed :::tt length the details of the type of Constitution
of their choice, laying special stre.ss to the fact that affective powers should rest
with the people and the Chogyal's status to be relegated to that of a
Constitutional Head. In brief, the introduction of such a well defined
Constitution should be fundamentally aimed at the purpose of putting a stop
88

once for good of any foreseeable complications in the process of its


reconciliation of a truly representative democracy with a monarchial system.
Rajgopalan, during his brief stay in Gangtok, had similar discussions with the
Chogyal, about the proposed draft Constitution and had also taken note of
Chogyal's suggestions

The most expected, one of the foreseen and inevitable result of the talks
was the fast action of the Government of India to bring out a Constitution in the
form of "Government of Sikkim Act, 1974", which not only raked the hornet's
nest, but also proved to be the proverbial last straw to drain out the dormant
patience of some of the intellectuals of Gangtok and its surrounding areas, to
protest with all their vigour against the passage of the Bill by the Sikkim
Assembly, since the uprising of April 1973. Barring the 32 legislators headed
by Kazi Lhendup Dorji and the supporters of the Sikkim Congress; there was a
spontaneous call of protest by the members of the National Party and other pro-
Chogyal groups particularly in Gangtok proper, and its surroundings areas.
Notwithstanding all this and having no choice, they were even perforced to go
for an appeal requesting Kazi Lhendup Dorji and the elected members of the
Sikkim Assembly to fully weigh the pros and cons of the provisions of the Bill
vis-a-vis the peoples' aspiration for a full fledged democratic rule and not a
merger, before the Bill was voted in a frenzied haste by the elected members.
The fundamental point of disagreement veered round to Clause 30 (c) of the
said Bill, which sought participation and representation of the people of Sikkim
in the political institution of India, and which was as they alleged, a clear
pointer to Sikkim's ultimate merger to India.

Meanwhile, another drama of far ·reaching consequence was m the


offing, and precisely on the early morning of 20th of June 1974, the day the
Bill was to be passed by the Assembly, events took an unexpected turn, when a
crowd of demonstrators mostly composed of the resisting group of the National
and the Sikkim Prajatantra parties with many officials of the Government of
Sikkim, including school children began squatting on the roads leading to the
89

Assembly House from all the four comers, until they successfully plugged all
the possible sources of entry. It was an awe-inspiring spectacle to see a
veritable sea of human heads and the ever-increasing crows as the day wore on.
The demonstrators not only took the challenge to brave the lathi charge of the
Central Reserve Police Force but most of them had their packed lunch with
them, which definitely was a pointer to their grim determination to squat all
along the road till late afternoon. Meanwhile, the C.R.P .F. were not wanting in
their drive to disperse the demonstrators, and to achieve this end they let loose
a series of lathi charges supported by occasional burst of tear-gas, the brunt of
which was ostensibly borne by the students who were in the forefront.

As anticipated under such a tense atmosphere, bedlam broke loose with


the mounting of casualties among the demonstrators and the overall onslaught
of the C.R.P.F. throughout the day was too harrowing a detail to mention. With
the approach of twilight, the demonstrators who had the worst ordeal of the day
broke-up, but with the solemn determination to stage the show early next
morning. Summing up the loss and gain of the day, the demonstrators were
fairly on the credit side, as they could stall atleast a day against the passage of
the Bill, while at the same time, their projection of protest had contributed the
required quantum of impact on the minds of the legislators. Coinciding with the
unexpected events of the day, another eventful scenario was being enacted at
the "Petrol Pump House", Gangtok the headquarter of the Sikkim Congress,
where the leader of the Legislative Assembly Kazi L.D. Khangsarpa was
having a tough time in keeping the elected members in a group. He was alleged
to have used all his powers of persuasion of induce the members not to waver
in their determination to sanction the passage of he Bill in the Assembly, which
was to be in session at any odd hour of the day. Such a step was found
absolutely necessary as some of the elected members were showing impatient
signs of going back home, to their home villages at the first opportunity
because of their indefinite confinement.
90

At the same time, another spectacular development gave prominence to


the cause of the demonstrators, by the abrupt appearance of R.C. Poudyal, an
elected member of the Sikkim Assembly, who promptly went on an indefinite
hunger strike in front of the Assembly House, demanding the said Constitl,ltion
(Bill) to be drafted by an elected representative group of Sikkimese
intellectuals with the help of a constitutional adviser from the Government of
India. He also insisted that the portfolios of Finance, Home and Establishment
Departments, which were placed under the direct prerogative of the Chogyal,
should be transferred to the elected representatives of the people. He even
made an issue to project that since Sikkim had a separate identity, it should
have a Prime Minister or a Chairman of Council of Ministers and not a Chief
Minister. His cause was taken up by N K. Subedi, another elected member of
the Sikkim Assembly followed by Karma Peda and K.N. Upreti, who joined in
the protest fast. Later, .they were persuaded to abandon the fast, which they
reluctantly did in order to save the face and also the prestige of their senior
leaders.

Later some of the Government officers also considered it incumbent to


support the demand openly registering their dissatisfaction and concern against
the passage of the Bill seeking participation and representation of Sikkim in the
political institution of India. With this object in view, a delegation of the
officials, led by a senior officer met Kazi Lhendup Dorji, the leader of the
Congress Assembly party and the other elected members, and vehemently
urged them not to cause or harm the status of the small country at all costs, as
enshrined in the Indo Sikkim Treaty of 1950.

In spite of their genuine attempts to particularize the grave outcome of


the Bill, which would in the passage of time, cause irreparable harm to tfie
greater caus.e of Sikkim as a whole, the delegation could hardJy make little or
no impact to move the Chief Minister and others for a reconsideration of their
decision. On the other hand, Kazi L.D. Khangsarpa and his Cabinet Ministers
were very eager to finalize the passage of the Bill, and no earthly persuasion
91

and other valid reasons put together, could alter their determination. The result
was, that the delegation got a surprise rebuff for their attempts, and their
mission as such proved a complete failure.

Undaunted and fresh from the ordeal of the prevwus day, the
demonstrators once again surged forward from early morning and again started
squatting on all the roads leading to the Assembly House. With the advance of
the day followed by the ever swelling crowd with more numbers of
participators arriving every minute, the Central Reserve Police Force were also
equally prepared to take up the challenge of the crowd, and once again they
resorted to the use of lathi-charge against the crowd At one stage, it was found
that instructions were issued to the C.R.P .F to blaze a path for the legislators to
enable them to attend the Assembly House for the passage of the Bill. But
because of the huge crowd squatting on the main road leading to the Assembly
House, the C.R.P.F. had to again take recourse to lathi-charge, but they could
make little headway, as the demonstrators began retrieving and re-occupying
their lost ground simultaneously close at the heels of the C.R.P .F. as they went
ahead clearing their way.

Some of the demonstrators including Government employees and the


students were again the victims of the day requiring medical attention for major
and minor injuries. The local hospital was a scene of the confusion and the
doctors had a busy day. Thus the second day of the protest passed off with
again a credit card in their favour as the demonstrators were able to delay the
passage of the Bill by another day.

However, as the day wore off and after the demonstrators had left the
place with the fall of the night, all the members of the Sikkim Legislative
Assembly who in the meantime, perforced to stay in a group at the Petrol Pump
Party Office were taken to the Assembly House. After some discussion on the
said Bill, it was unanimously passed by all the members of the Assembly.
92

Sikkim's fate was thus permanently and irrevocably sealed with the passing of
the Bill. 13

Next day, the demonstrators to their great consternation, came to know


the grim reality of their defeat. Since it was beyond their capacity to put the
clock back in regard to the retrocession of the said Bill, they held as a last
contribution from their side, a protest march in the Gangtok town against the·
passing of the Bill. They had also sent frantic telegraphic messages to the
Prime Minister, the Union Cabinet Minister and other Indian leaders apprising
them about the unconstitutional manner, in which the said Bill was passed by
the members of the Sikkim Assembly without observing any democratic
norms. The Sikkim Congress duly retaliated with a counter demonstration
expressing their resentment against those forces resisting the adoption of the
Constitutional Bill.

Meanwhile, the Chogyal got very much perturbed and he rushed post-
haste to New Delhi to meet the Prime Minister Indira Gandhi and other Indian
leaders for discussion and clarification. To be quite at case in regard to the
legal complication of the said Bill, the Chogyal had thoroughly mastered the
draft Constitutional with his legal advisors, and brought home those lacuna and
anomalies to the notic.e of the Government of India, in the form of written
comrrients prepared by some eminent legal practitioners from India. New
Delhi, however, gave no indication to his reaction, but on the contrary strongly
advised him to give his assent to the constitutional Bill, which the Sikkim
Assembly had approved, and to settle his differences, if any, with the people of
·Sikkim. With the failure of his mission, he returned to the capital as a
completely frustrated man. Thereafter, a regular ding-dong battle of wits and
controversies between the Chogyal and Kazi L.D. Khangsarpa, the leader of the
Sikkim Legislative Assembly, took place, The Chogyal had all through
persistently maintained, that before he gave his assent· to the draft
Constitutional Bill, his detail comments, which he intended to place before the
Hon'ble members of the House, should be given a patient hearing in regard to
93

the three main points for the larger interest of Sikkim and her people namely (i)
the maximum participation by the people of Sikkim in the governance of
country, which means the establishment of a fully responsible and democratic
Government of Sikkim, (ii) respecting the legitimate rights and responsibilities
of the Government of India and Sikkim and (iii) ensuring the separate identity
and internal autonomy of Sikkim as guaranteed under the 1950 Indo-Sikkim
Treaty. The Sikkim Congress however, showed a defiant attitude arid refused
point-blank to countenance the move of the Chogyal, for convening a special
session of the Assembly,' to enable.him to address the House on the "Sikkim
Government Bill1974."

There was a complete blockage on the Chogyal's desire, as the Chief


Minister and his cabinet colleagues, were bent upon not giving the least
opportunity to him to address the House. Presumably, the Chogyal's desire was
to impress upon the other members of the House the desirability of examining
the anomalies of the Bill and its direct implication affecting the future status of
Sikkim vis-a-vis, the Indo-Sikkim Treaty of 1950. After a prolonged
discussion, the Chogyal managed to convince the Political Officer K. S. Bajpai,
of the fundamental need on the part of the elected members other than the ·
Chief Minister and his Cabinet colleagues, to know the full implication of the
Bill so that sober and saner elements could prevail upon the members to give a
realistic and unbiased approach to the most crucial issue of the day even at that
late stage. The impasse was ingeniously cleared at last, and K. S. Bajpai came
to the rescue of the Chogyal and induced the members of the Sikkim Assembly
to hear the Chogyal's view on the Constitutional Bill without his presence.
Thus eventually, the Chogyal's address was read by B.S. Das, the Assembly
President in a special session of the House, but the Bill shared the same facts
an<,l its was again adopted in its original fmm by the entire House for the third
time, without assigning any reason to consider the Chogyal's comments.

In the midst of such a political tangle, the Government in power used


two-pronged strategy to bring the Chogyal to the tune of their desire. While
94

Kazi L.D. KhangsarjJa used all his trump-cards to press the Chogyal by show
of every conceivable threat, the Gov~mment of India on the other hand, used
the persuasive tactics to induce the Chogyal for his assent to the Constitutional
Bill, which was earlier passed by the Sikkim Assembly. Being thus pressurized
from all comers, the Chogyal ultimately gave way and signed the Proclamation
in a brief ceremony at the Palace. The small function was attended by Kewal
Singh, India's Foreign Secretary, Mr. K. S. Bajpai, the Political Officer, B. S.
Das, Chief Executive Officer, all the newly elected members of the Sikkim
Legislative Assembly and the senior officers of the Government of Sikkim.
Briefly speaking on the occasion, the Chogyal said "This is our country. These
are our own .people and we have to work together for the betterment of the
country. Whatever misunderstanding was there has been removed."
Reciprocating, Kazi L.D. Khangsarpa said that "we should forget and forgive
everything and should not remain with bad blood." Truly speaking the
Government of Sikkim Act 1974, besides others, envisaged a three-tier system
in which tpe Rider was reduced to a figure-head, 14 the Chief Executive would
be the head of the administration and the Chief Minister and his Cabinet would
. be responsible to the Assembly for non-~eserved subjects. All executive actions
or' the Government of Sikkirri were to be taken in the name of the Chogyal. It
also specified that the Assembly should not ask or discuss questions in regard
to the Chogyal and the members of his family, whose privilege and position
were also guaranteed.

The elected members of the Sikkim Legislative Assembly made the


courtesy call to the Indian leaders, in response to the invitation extended to
them by Kewal Singh, the Foreign Secretary on behalf of the Government of
India during his last visit to Gangtok. The Chief Minister - designate Kazi
Lhendup Dorji Khangsarpa, on his return from Delhi, got himself busy to the
' '

important task of forming his Ministry:

Following intensive consultations and discussion with his senior party


colleagues, and after obtaining a consensus approval about his leadership, Kazi
95

L.D. Khangsarpa was sworn-in as the Chief Minister on the morning of the
22nd of July 1974 The Chogyal, then relegated to the position of a titular head
of the State under the new constitution, administered the oath of office and
secrecy to Kazi L.D. Khangsarpa and other Ministers at the Palace. Apart from
Kazi L.D Khangsarpa, five others, namely Krishna Chandra Pradhan, Rinzing
Tongden Lepcha, B.P. Dahal, Nayen Tshering Lepcha and DorjiTshering were
also sworn-in as Ministers. Thus, with the installation of a full fledged peoples'
Government in power for the second time in the history of Sikkim - the first
being the 29 days Ministry of late Tashi Tshering in 1949, the more than 371
years old Monarchial Government of the Namgyal Dynasty, gave way to that
of a popular democratic Government of the people.

After the achievement of the establishment of a successful popular


Government, events however, did not remain in a dormant state for long, as the
Sikkim Congress wanted to hit the iron while it \vas still hot and took ·
advantage of the tense atmosphere prevailing then. Kazi L.D. Khangsarpa and
his Cabinet members made frantic requests to the Government of India,
supported by S.K. Rai, the General Secretary of the Sikkim Congress, insisting
to take steps to accelerate Sikkim's closer ties and representation in the Indian
Parliament. The Government of India's obvious intention was also to ensure the
implementation of the "Associated Status" to Sikkim, which was strictly in
keeping with the hopes and aspiration of the people of Sikkim for the
implementation of a truly representative Government of the people.
Paradoxically, the Chogyal, and those groups of pro-nationalist force and
others who had been protesting and resisting the arbitrarily imposed change of
Sikkim's status, left no stones unturned to focus the attention of the Indian
leaders for the imperative necessity of a change of heart to maintain the status-
quo vis-a-vis the Indo-Sikkim Treaty of 1950. Because of the extreme urgency
of the situation, telegraphic messages were sent to the Prime Minister Indira
Gandhi and other top Indian leaders, pin-pointing with logical precision the
egregious fact that the proposed steps seeking to give representation to Sikkim
96

in both Houses of the Indian Parliament, would amount to unilateral abrogation


of the Indo-Sikkim Treaty of 1950, which New Delhi had stubbornly stood for
its commitment till date. Vehement protest rallies were also held in the capital
against the leaders of the Sikkim Congress by the members of the National
Party _IS

Agitated and perplexed by the chain of successive events following the


change of Sikkim's status, the opposing groups h~d even contended that no
valid request for giving representation to Sikkim in the Indian political
Institution had come to the Chogya1 from the Council of Ministers for his
approval. They further asserted that in the face of such a glaring fact, the
Sikkim Government had not followed the procedure laid down in the
Government of Sikkim Act 1974, which besides others, had provided the
necessity for the Chief Executive to inform the Chogyal and to obtain his prior
approval on any major issue falling within the ambit of the Chogyal's
prerogative as the Head of the State.

Through telegraphic messages to the President of India the Chogyal


made a last minute effort pleading his intervention to withhold assent to the
Bill until its full implications had been placed before the Prime Minister. He
further made it a point in his appeal, that the Bill would also have serious
irreversible effects on the existing Indo-Sikkimese relation and that the
Sikkimese opinion should be conclusively ascertained, preferably through a
free and fair referendum under the auspices of a neutral authority, in which all
the political parties would have full confidence. Brushing aside the inflow of
all such frantic messages and also the spontaneous sentiments of the people of
Sikkim, the Constitution (36th Amendment) Bill was passed by the Lok Sabha
on the 4th of September 1974, and by the Rajya Sabha on the 7th of September
1974. 16

No sooner knowing the news in Gangtok, the Chief Minister, Kazi


Lhendup Dorji and his Cabinet members hastily conveyed to the Government
97

of India, their appreciation and thanks of the Government of Sikkim for having
positively responded to the repeated and unanimous request of the Sikkim
Assembly for bringing Sikkim to a closer link with .India.

In fact, that was of immense interest to know how completely the


blackout of the news of actual happenings in Sikkim had been handled and
manipulated, since the advent of the upheaval from April 1973. The
intellectuals of Sikkim were thus completely buffed and flabbergasted to get a
highly coloured and distorted version of the events in Sikkim through the
Indian Press. No wonder, such excesses committed by the hooligans of the
Sikkim Congress, and the similar numerous indulgences by the Central Reserve
Police Force found no accurate appraisal in any comer of the Indian papers.
Leakage of Sikkim's actual happenings outside Sikkim, was alleged to have
been made possible through Nepal caused by the carrier of smuggled news by
individuals, who managed to escape to Kathmandu. Nepal's sympathetic
feelings towards Sikkim's cause, gave sufficient impetus by the Nepalese
students, who· staged a noisy and violent demonstration in front of the Indian
Embassy at Kathmandu, causing some damage to the properties. Thereafter,
they submitted a memorandum to India's Ambassador Shri N.K. Raspotra,
condemning India's imperialism and colonialism.

On the 15th of August 1947, India emerged as a great independent entity


in the comity of free nations, having beeh freed from the tentacles of the 150
,,

years old British yoke through exceptional supreme sacrifice and continued
struggle by the Indian leaders and the people. With the declaration of the lapse
of paramount over the princely. states of India by the British, Sikkim also
gained its freedom by about the same time as India did. Sikkim however,
survived the proce~s of merger with India and a Standstill Agreement was the
result followed soon by the establishment of the Indo-Sikkim Treaty ,)f 1950 .
. The pro-Chogyal National Party and other supporting group claimed, that the
very existence of a Treaty arrangement between India and Sikkim was a
98

sufficient testimony of the fact that Sikkim never at any stage, was a part of
India.

In the midst of mounting tension caused by the passage of Sikkim's loss


of identity, any forlorn hope of rapprochement between the Chogyal and Kazi
Lhendup Dorji, the leader of the Legislative Assembly, could at that crucial
stage be safely ruled out because of the cancerous animosity, hatred and
vengeance of the long standing feud between the two. Since then, not a single
day went off peacefully without having a barrage of legal controversy flung at
random by the Chogyal against the Council of Ministers for their blatant and
unilateral actions, which were not in accordance to the provisions as laid down
in the Government of Sikkim Act 1974. Even the Sikkim students studying at
Delhi added fuel to the flame, by openly alleging that the Press and others had
all combined to feed the people of Sikkim and India a completely wrong
picture of the actual happenings in Sikkim and that many people and political
leaders who dared to raise their voice against the Kazi's Government were
either manhandled, or put under House arrest. They also claimed that the
Assembly members were barred from meeting the people of their
constituencies for apparent reasons known only to the Council of Ministers.
They also _genuinely felt that the people of Sikkim were diametrically opposed
to the Kazi's nefarious scheme to mislead them for the ultimate achievement of
their own selfish aggrandizement.

The Chogyal further claimed, that no such resolution was ever


considered, let alone passed by the Assembly,· when the Government of Sikkim
Act came into force, neither was it submitted to him for approval, as required
under Section 29, of the said Act. In other words the Chogyal pointed out, that
the enactment of the Act by the Sikkim Assembly without fulfilling the
particular provision of the Act, was entirely unconstitutional and ",roid. Incensed
, and infuriated; the Chief Minister Kazi Lhendup Dorji reacted sharply and
cautioned the Chogyal to stop treating Sikkim as his personal chattel. He also
reminded the Chogyal that as a titular Head of the State, he had no authority to
99

speak anything on behalf of Sikkim. He reiterated his stand on this cardinal


issue by dispatching a separate urgent request to Indira Gandhi, the Prime
Minister of India, requesting her to take immediate steps to restrain the
obstructive m.ove of the Chogyal and his henchmen, who were bent upon
thwarting the sincere efforts · of the Government of Sikkim to develop
democracy in the State and closer relations with India, Kazi Lhendup Dorji
once again congratulated the Government of Jndia on the concrete steps t_aken
so far towards fulfillment of the aspirations of the people of Sikkim.

The Chogyal's earlier request for an interview with Indira Gandhi, the
Prime Minister of India was confirmed in the second week of September and
he was advised to come and see the Foreign Minister Swaran Singh as Mrs.
Gandhi would not be available due to her heavy preoccupations. On receipt of
the information, j:he Chogyal went to Delhi, but he somehow or other managed
to see both the Prime Minister and the Foreign Minister, besides other officials
of the External Affairs Ministry. The result of his talks as could be anticipated,
was not to his liking, and he came back dejected with the new Political Officer
designate, Gurbachan Singh, who was to replace K.S. Bajpai on transfer.

Further the activities of the. Chogyal gave sufficient cause of resentment


to Kazi Khangsarpa's determination to visit New Delhi once again in
November, for the purpose of insisting to the Government of India to take a
final decision about the future status of the Chogyal. While in Delhi, he gave a
statement charging the Chogyal for his unconstitutional, illegal and anti-Indian
activities and further said that the people of Sikkim would not tolerate any anti-
democratic movement. Kazi Khangsarpa also made it a point to condemn the
Chogyal for his unnecessarily "trying to internationalize the Sikkim issue",
without realizing the complication of his own position a;; the constitutional
Head of the State of Sikkim.

Soon after his return from New Delhi, Kazi L.D. Khangsarpa, had made
up his mind to take the extreme irrevocable step to overthrow the Namgyal
100

Dynasty, with the active co-operation ofhis Council of Ministers and the other
senior members of the Sikkim Assembly. This step as he conceded, was found
imperative to enable the Cabinet to run the administration according to the
democratic norms, by effectively barring any further inroads or interference by
the Chogyal Coincidentally, the surcharged atmosphere of personal hatred and
vengeance persisted. 17 subsisting between the Chogyal on the one hand and
Kazi Khangsarpa and his Cabinet Ministers on the other, and which was on the
brink of explosion, triggered off with the Chogyal's trip to Nepal, as the
subsequent events would go to show.

Early in March 1975, the Chogyal was invited to the coronation of king
Birendra as a personal friend of the Ruling House ofNepal. The Chogyal
accepted the invitation with alacrity and he accordingly apprised the
Government of Sikkim for his desire to attend the ceremony. The Cabinet
considered the proposal and it transpired, that they had conveyed their
acquiescence in: the first instant, but backed out later at the eleventh hour, when
they realized the foreseeable complications, which might erupt consequent to
the Chogyal's visit to Nepal, particularly at such a crucial time when the
country itself was facing a political instability The reason advanced for the
subsequent reluctance to agree to the visit of the Chogyal, was primarily
because of the fact, that although Sikkim had the friendliest of feeling for the
people ofNepal, unfortunately of late, a spate of false and malicious
propaganda against Sikkim had been trickling out from Nepal, during the last
six months.

Therefore, the Government of Sikkim, while conveying the feelings of


the Cabinet to the Chogyal strongly advised him to avoid the visit at the time
for very weighty reasons The Chogyal, however, was adamant and he rightly
felt that his freedom of movement should not be questioned even by the
Cabinet. Thus, in complete disagreement with the Cabinet's decision and the
Government's persuasive move, the Chogyalleft for Nepal.

Kazi demands abdication of Chogyal


101

The Chief Minister of Sikkim, Kazi Lendup Dmji, is understood to have


requested the Political Officer, Gurbachan Singh, and the Chief Executive
B.B. Lal, to place the twin demands of the Government ofSikkim to the
Government of India. These were, the immediate abdication of the Chogyal
and the disbandment of the Sikkim guard.

There were violent incidents at Rangpo, as the Chogyal was on his way
back to Gangtok yesterday from Kathmandu. A member of the Sikkim
Assembly, R.C. Poudyal, sustained injuries. By order of the Chief Minister of
Sikkim, all shops, offices and other establishments at Gangtok were closed
today in protest against yesterday's incidents. The Chief Minister was not
available for comment this morning but according to a member of the Sikkim
Congress, the pro and anti-Chogyal forces were on "warpath waiting for the
movement of final confrontation" meanwhile, Ramchandra Poudyal, who was
operated upon last night at the local military hospital, is progressing
satisfactorily, adds PTI.

According to the attending surgeon at the hospital, although Poudyal's


injuries were quite serious he was improving. There were three deep wounds
on his right arm inflicted by kukris.

The Chief Minister accompanied by the Excise Minister, B.B. Kharel,


visited Poudyal at the hospital this morning.

Meanwhile, the Sikkim Congress Party is scheduled to meet in an


emergency session to consider the latest developments.

The Airport Correspondent added that the Chogyal said on Tuesday that
he was in touch with the Government of India about proposed referendum to
ascertain the will of the people with regard to the future status of Sikkim.

The Chogyal, who was on his way back to Gangtok after three days stay
in the city, told newsmen at Calcutta Airport that he received a letter from the
Foreign Secretary. Kewal Singh towards the end of January suggesting a
meeting some time in February but as he was busy in Bangladesh, the meeting
102

could not be held. "I shall go ·to Delhi as soon as the Government of India
informs me when it will suit its convenience", he added. "From the very
beginning, I had suggested to the Government of India for a free and fair
referendum reflecting the will of Sikkimese before changing the status of
Sikkim I have again written to the Government of India about it. Let us see
what their response is to my proposal."

To a question if he thought that by suggesting the meeting the


Government of India was inclined to talk on the referendum issue the Chogyal
said. "I presume so". Asked whether he has any plan if the Government of
India does not want to talk on the referendum question, he said, "talks must go
on". "I have been committed for a responsible Government and for keeping
Sikkim's identity and on these two points there could be no question of any two
opinions. It is my duty to leave no stone unturned to preserve Sikkim's identity.
It is not my case. It is Sikkim's case", the Chogyal said.

He parried a question when asked if he would take the matter to the


United Nations, the Chogyal said, "We are trying everything to preserve the
separate identity of Sikkim." It is my duty to make every effort in this direction.

The Chogyal said, "I had the privilege of meeting the Vice-President,
Jatti, the Minister for Civil Aviation and Tourism, Raj Bahadur and the Energy
Minister, K.C. Pant in Kathmandu and discussed everything possible in
between.· Both Raj Bahadur and Mr. Pant were very sympathetic."

He said, that during his stay in Kathmandu in connection with the


coronation of King Birendra, he met many dignitaries, including the leaders of
the Chinese delegation. Everybody was sympathetic, he added.

The Chogyal said he had attended a party in the city. "It was a party and
nothing political", the Chogyal said in reply to question whether he had met
foreign diplomats on Monday. 18
103

Earlier the Chogyal had indicated his desire to the Government of


Sikkim to have in his entourage senior most Government officers representing
the two main communities. His choice, therefore, centered round to his own
Secretary, and the other one to a senior Nepalese Officer of the Government of
Sikkim. In response to the Chogyal's desire, the Government of Sikkim gave
the green signal to his Secretary, but they vehemently objected to the Nepalese
Officer who was chosen to accompany the Chogyal. They had, therefore,
suggested to the Chogyal to have his second choice of any other senior
Nepalese Officer of the Government other than the particular officer chosen by
him. Meanwhile, it transpired that the particular Nepalese officer had
volunteered to accompany the Chogyal despite the clear refusal order of the
Government.

In Kathmandu, the luminous dignitaries of many friendly countries of


Nepal were to grace the coronation ceremony of king, Birendra. Kazi L.D.
Khangsarpa and his Council of Ministers made it a point of major issue, that
the Chogyal had injudiciously taken the opportunity to project Sikkim's take
over by the people to usher in the "Associated Status" with the connivance of
the Government of India. They also further asserted that the Chogyal had
casual talks mostly with the U.S Senator Charles Parcy, the Chinese Vice-
President Chen-hai Liu; and the Ambassador of Pakistan, who were inimical to
India.

They also alleged that the Chogyal had also used the occasion to issue a
statement, while he was in Kathmandu, about the abortive and futile attempts
made by some hoodlums to assassinate him while on his way to Nepal The
Chogyal also alleged that immediately after crossing the Singtam Bazar bridge,
hi:; car was suddenly hit by a flying ohject, which after exploding made a hole
in the windscreen of his car, but unfortunately no one inside the car was
injured. He further said that although a jeep-load of armed Sikkim Police was
escorting him, no genuine attempts were made by those policemen at the spot
to apprehend the miscreants, who were seen running away. The Chogya]'s
104

Kathmandu trip, followed by his informal talks with the foreign dignitaries
attending the coronation and finally his statement about the furtive and bold
attempts on his life all combined, proved to be also one of the main reasons that
goaded Kazi ,Lhendup and ·his Cabinet Ministers to infuse a fresh wave of
determination, in their concerted drive to do away with the exalted position of
the Chogyal, as the constitutional Head of the State accorded to him under the
new set-up. S.K. Rai and R C. Poudyal, General Secretaries of the Sikkim
Congress andthe Sikkim Youth Congress respectively, had also openly warned
the Chogyal, that the peoples' cup of tolerance had overflowed and that they
would stage hostile demonstrations throughout Sikkim with more concentration
in the capital town of Gangtok, on his return from Nepal to urge him to
abdicate the throne of Sikkim.

So in order to give sufficient fillip to their threat and bragging; they


made all possible arrangements to mobilize pockets of demonstrations at
Rangpo, Singtam, Ranipool and Gangtok on the day of the Chogyal's return to
the capital. An unfortunate scuffle on the middle of the Rangpo Bridge
highlighted the incident of the day, involving personal injury caused to the
fore-finger of the left hand of R. C. Poudyal, a member of the Sikkim
Legislative Assembly, who was piloting and leading the handful of
demonstrators, to obstruct the passage of the Chogyal. It was alleged by
Poudyal that he was hit by a "Khukri" belonging to a Sikkim Guard
accompanying the Chogyal, but providentially escaped from getting major
·injury. The charge however, was vehemently denied as a price of bizarre lie by
the party accompanying the Chogyal. They claimed that the Sikkim guards who
were escorting the Chogyal met with stiff resistance by the demonstrators and
while in the process of clearing a small path for the Chogyal's car to pass,
Poudyal's hand accidentally got injured while closing the door of their Jonga
Jeep.

In the meanwhile, in view of the fast developing situation in the country,


whl.ch had been steadily but firmly widening the chasm of disagreement while
105

disposing off major policy matters between the Chogyal and the. Sikkim
Cabinet, Kazi Lhendup Dorji and his Council of Ministers took the most
irrevocable and momentous step in the history of Sikkim to do away with the
Institution of the Chogyal. Following their decision, an emergency session of
the Sikkim State Assembly was hurriedly summoned on the lOth of April1975,
in which a resolution was passed stating that "the Institution of the Chogyal is
hereby abolished and Sikkim shall henceforth be a constituent unit of India."
The Assembly further resolved to call for a "Special Referendum" to be held on
the 14th of April 1975, to reaffirm their resolution, through the verdict of the
people of Sikkim.

Eulogizing the resolution as a "Historic" one Kazi Lhendup Dorji said


that despite the Sikkimese long and heroic struggle to do away with the
Chogyal's yoke for the establishment of a peoples' democracy in the country,
the Chogyal had all along used his obstructive tactics, to subvert the 8th May
Agreement 1973, and later the Government of Sikkim Act 1974. He further
said, "we have enough of his intrigues, conspiracies and illegal behaviour." He
sent a copy of the said resolution to the Government of India requesting
immediate consideration of the said resolution through due parliamentary
process oflaw. 19

Meanwhile, the so-called "Special Referendum" was being arranged by


the Government of Sikkim to be held on the 14th of April 1975. In short, the
Government of Sikkim went ahead with unconcerned haste and made within
the specified time such convenient makeshift arrangements to hold the said
"Referendum". All the concerned Government officials were alerted and given
intensive instructions to maintain proper law and order within their respective
jurisdic~:ions and to supplement their need, the Sikkim Police and the Central
Reserve Police Force were posted at all the Polling Stations. throughout Sikkim.
No untoward incidents of any unlawful activities were reported to have taken
place on the day of the polling, because of the formidable presence of the
Central Reserve Police Force in all the Polling stations. After the votes were
106

counted, it was offcially announced, that the "Referendum" showed a clear


verdict of the people of Sikkim favouring the resolution of the Sikkim
Assembly.

The pro-Chogyal group and leaders, the Sikkim National and Sikkim
Prajatantra parties had contended, that the Government of Sikkim had
purposely misled the people by informing them that a "Special Opinion Poll"
was being conducted to elicit the peoples' wishes, whether they still favoured
the monarchial Government of the Chogyal or a full democracy under the
leadership of Kazi Lhendup Dorji. They also asserted, that the people at large
were never told the bare truth at any stage within the incredible short span of
time that the said "referendum" was done to settle the issue of the merger or
Sikkim. They complained that the same modus-operandi was repeated as was
in the case of the last General Election of 1974, and the C.R.P.F's batons
against played a prominent part in complete coordination with the hard liners of
the movement- the young Congress activists who used their sheer lung power
and threat in confusing and misleading the voters to tender their votes in the
Ballot Box, which was actually meant for the merger of Sikkim. They further
asserted that most of the people of Sikkim were completely in the dark about
the holding of the so-called "Opinion Pol1", 20 which according to them was a
brain wave of the Kazi'sGovernment to satisfy the members of the Indian
Parliament and to put wool in the eyes of the Indian leaders. They once again
made it a point to project the fact that the Sikkim Election Commission was not
empowered to conduct the said "Referendum" under the Government of Sikkim
Act 1974, and therefore, it was not only unconstitutional but also illegal to the
core.

The urgent request of the Chief Minister Kazi Lhendup Dorji, the
Cc,nstitutional (38th Amendment) Bill was moved in the Lok Sabha on the 23rd
'of April 1975, proposing to make Sikkim, the 22nd State of the Indian Union.
I
/
Y.B. Chavan, the External Affairs Minister, while moving for the consideration
and acceptance of the Bill, briefly informed the House about Sikkim's past
107

association in the form of Princely State of India and the recent political
development necessitating the visit of the entire Council of Ministers of
Sikkim to personally convey to the Government of India, Sikkim's strong desire
for immediate action on the resolution of the lOth of April 1975, which was
fully endorsed and supported by the results of the "Opinion Poll". Chavan
further apprised the House, that the Government of India had explored all
possible ways and means to have the ·Chogyal retained as the Constitutional
Head of the State, but because of his ill-conceived activities calculated to harm
Sikkim as a whole, the people of Sikkim revolted and had expressed their
strong desire to abolish the time-honoured Institution of the Chogyal ofSikkim.
He further emphasized, that in the said process, the people wished that Sikkim
should immediately become a Constituent Unit of India, to enjoy the rights of a
democratic Government. He also said, that once the Bill became a law, the
Executive Officer would go and Sikkim would, at the same time become a
normal State of India, with a normal legislature, a normal Governor, a normal
Council of Ministers and a normal High Court. 21

In regard to the future status of the Chogyal of Sikkim, Chavan said, that
India would look after the welfare of the Chogyal and his family members.
After some prolonged discussion, the Bill was put to the votes and excepting
the members of the C.P.I. (M), who did oppose the Bill, the rest of the
members overwhelmingly voted in favour of it.

The passing of_the Bill in the Lok Sabha, brought a mixture of happiness
and extreme sorrow to the people of Sikkim, championing for and against the
cause of the merger of Sikkim The Council of Ministers and the other members
of the Sikkim Assembly were jubilant and in the wake of such a momentous
occasion, the Chief Minister Kazi Lhendup D·Jrji outpoured his happiness on
the prompt measure taken by the Government of India. He contended that the
step taken by the Government brought victory to the people of Sikkim in their
incessant fight to free themselves once for all from the perpetual feudal
bondage and the monarchial rule of the Chogyal. S.K. Rai, the General
108

Secretary of the Sikkim Congress, also followed suit by expressmg his


satisfaction in the form of a statement in which he said that "we have been
fighting with the Chogyal for a considerable period and the people have also
suffered. We have achieved our goal and now we are proud to be a part of the
largest democracy in the world and we shall march forward with our brothers
and sisters of India to a new height of prosperity and glory." 22

The section of the people of Sikkim opposing merger and the leaders of
the Sikkim Prajatantra and Sikkim National parties, including the Chogyalleft
no stone unturned with a frantic appeal entreating the Government of India not
to give sanction to the unjust and unconstitutional unilateral action of the
merger of Sikkim, which was being affected through parliamentary process. In
reply to the Chogyal's earlier communication to the issue, Indira Gandhi, the
Prime Minister of India wrote back to say, that the Government of India had no
choice, but to respond to the aspiration of the people of Sikkim as embodied in
the Sikkim Assembly resolution of the lOth of April 1975, which was later
overwhelmingly endorsed in the "Special Poll" held on the 14th of April1975.

While the Chogyal and the leaders of the National and Prajantra parties
and those who were against the merger issue, were eagerly waiting the reaction
of their request to the Government of India, for consideration against the
merger of Sikkim, they simultaneously appealed to the Chief Minister Kazi
Lhendup Dorji and his Council of Ministers, requesting them to weigh with all
seriousness, the greater interest of the country and the ultimate fate of the
people of Sikkim as a whole. The Chogyal had also made it quite clear in his
request to the Chief Minister, that "if the worse come to the worst, he was even
prepared to abdicate the throne of Sikkim to save the country from the .
complete domination of India."

In complete disregard of such outpouring of request and reactions


coming from these people, the Government of India went ahead, to make
Sikkim a constitutional unit of the Indian Union, by getting the Constitutional
109

Amendment Bill passed by the Lok Sabha. While initiating the passage of the
Bill, Shri Chavan once again informed the House of the undesirable activities
of the Chogyal followed by intimidation, violence and even attempts of
assassination of political leaders of Sikkim by planting explosives on the road.
Incensed by such abortive moves of the Chogyal, the Chief Minister Kazi
Lhendup Dmji and his Council of Ministers, requested the Government of
India, that the survival of the democracy of Sikkim was wholly dependant on
the removal of the Institution of the Chogyal and therefore, India should
without any further delay implement the Sikkim Assembly's resolution of the -
' .
lOth of April 1975.

Immediately after the adoption of the Bill by the Rajya Sabha on the
26th of April 1975, the Prime Minister Indira Gandhi sent her felicitations to
the people and the Government of Sikkim on the "Historical Occasion" of the
passing of the Bill, by both the Houses of the Indian Parliament making Sikkim
a full-fledged State of the Indian Union. In a separate communication to the
Chief Minister Kazi. Lhendup Dorji, the Prime Minister further clarified the
position, that the amendment, which was passed by the Lok Sabha on the 23rd
of April 1975, and by the Rajya Sabha on the 26th of April 1975, "will b~

deemed to have-come into force from today (26th of April 1975), after the
prescribed procedure of the ratification of the State Legislatures has been
23
completed and after it has been assented to by the President." Thus with the
full integration of Sikkim into the Indian Union, the 86 year old institution of
24
the Political Officer of Sikkim, would also come to an end.

Meanwhile, the Bill as usual, was sent for ratification to the various
State Assemblies of the Indian Union, as required under the Constitution of ·
India. A minimum endorsement of atleast half the different State Assemblies
was required, before the constitutional amendment was sent to the President of
India for his assent. In order, therefore, to secure the required number of the
agreement of the different State Assemblies, special sessions of some had to be
called, while those in sessions gave their hurried endorsement. Thus with the
110

completion of all these formalities, the Bill finally got the President Fakhruddin
Ali Ahmed's signature on the 6th of May 1975. The President also gave his
approval, at the same time, for the appointment of B.B. Lal as the first
Governor of Sikkim, who was then functioning as the Chief Executive.

Justice Rajendra Sachar, a senior Judge of the Delhi High Court was
appointed as the Chief Justice of the State and administered the oath of office
an secrecy to B.B. Lal as the Governor of the State ofSikkim, followed by
similar administration of oath of office and secrecy, by the new Governor to the
Council of Ministers in a solemn function held on the lawn of the Raj Bhawan
on the 16th ofMay 1975.

Thus 16th of May 1975, to be more specific saw the disintegration of


Sikkim as a separate entity in the comity of nations and in its place, it
'
resuscitated a new being in· the form of the twenty second State of the Indian
Union, bringing in its metamorphosis the dislocation of the continuity of the
long chain of the more than 333 years-old Namgyal Dynasty of the small
kingdom of Sikkim. The 53-year-old Chogyal Palden Thendup Nampyal is the
12th consecrated Ruler of Sikkim.

In the process of such transformation, it also bade adieu to the office of


the Political Officer of Sikkim created by the British during 1888. J.C. White
. and Gurbachan Singh were the first and the last Political Officers of Sikkim
respectively.

Kazi Lhendup Dorji, the Chief Minister and the Council of his Ministers
claimed that the small trouble-tom country of Sikkim, had at long last reached
its destination through the toil and sweat of the people to transform the time
worn feudal order towards the materialization of a truly parliamentary nnd
responsible Government of the people. The political storm, which had been
blowing with diverse intensity for more than two decades, had also simmered
down with the dawn of July, 1977, climaxing a milestone in the history of
Sikkim for the usheration of a popular and responsible Government.
ill

Sikkim as it stan~s, is on the threshold of a great upheaval, and with its


becoming now the newly born twenty second State of the Indian Union, the
further shaping of this tiny State lies in the sympathetic understanding of New
Delhi. India, on the other hand having now assumed the role of custodian, is
nevertheless fully aware of the burden and diverse worries of Sikkim. Quite
significantly, many irritants and delicate issues, which are bound to surface in
the near future, will go to attract inter-alia, the revocation of the Parity system
in the Election Law, the abrogation of the existing Revenue laws, the
introduction of Land Reform, the revision of the Subject Regulation and like.
matters. A judicious blending of these problems is to be found out by New
Delhi to provide and retain the necessary economic and political rights of the
indigenous Bhutias and Lepchas through a built-in Constitution of India, while
at the same time preserving the rights and privileges of the preponderant Nepali
community as a whole.

By and large, India has all along been generously financing Sikkim's
entire development programme as far back as from 1954, and Sikkim now
· being the youngest member State of the Indian Union, deserves massive
development plan funds than ever before, which are not only earmarked to .
bring about the stabilization of the hard earned democracy, but also to improve
the general economy of the State as a whole. Sikkim's trust and hope is with
India and only the future will show whether true democracy with its spirit of
dedication to the State has taken firm roots or not and also in regard to the
raising standard of the living condition of the people of Sikkim.

Sikkim, a tiny dot in the map of the world, has been made rich by its
ancient tradition and a diverse cultural and racial population and a diverse
cultural and racial population, and yet the different communities are living
together in a congenial atmosphere and in peaceful harmony. It i.;: however,
hoped that the traditional rivalry of casteism and communalism will, in the
fullness of time, go to generate a bond of friendship based on co-operation and
brotherhood among the different sections of the people of Sikkim Broadly
11i

speaking, the future of Sikkim and its prosperity, will surely rest on the level of
wisdom, maturity and performance of the political leaders of Sikkim under the
able guidance of New Delhi. L. D. Kazi remarked that 'our decision is correct
and will be justified by history and posterity.' 25 For putting an end to the feudal
order.
113

Looking Back

Events that led to the merger

The swift changes of events beginning with the fifth general elections to
the Sikkim Council in January 1973 and culminating in Sikkim's 'merger' with
India in April 1975, reflect the manner and haste in which the 'reluctant State'
became the youngest state of the world's largest democracy. The following is a
chronology of main events that led to the controversial merger.

1972

January 26: Sikkim National Congressled by Kazi Lhendup Dorji Khangsarpa


issues bulletin criticizing the Chogyal.

April7: Kazi Lhendup Dorji quites E.C. (Executive Councillor). A


warrant of arrest is issued against him.

August 15: Sikkim State Congress and Janata Party decide to merge.

October 26: Sikkim Janata Congress is formed.

1973

January 10-23: Fifth General elections to the Sikkim Council are held.

January 29: Faulty ballots are detected during counting of votes leading to
boycott of results.

February 2: Agitation against rigging of elections starts.

March 27: K.C. Pradhan is arrested. The Palace is surrounded by


demonstrators.

March 31: Joint Action CounCil (JAC) is formed. Memo submitted to the
Chogyal.

April 4: The Chogyal's birthday is marred by demonstrations.


< '',

. 114

AprilS: More demonstrations converge on Gangtok. Warrants of arrest


issued against Kazi and JAC leaders.

Apri16 to 8: Revolt spreads in the rural areas. Govt. buildings are taken
possession. Janata Raj ·declared.

April9: Indian Army moves in and agitation is suppressed.

MayS: May 8 Agreement · of 1973 signed by the Chogyal, the


Government of India and leaders of the political parties of
Sikkim. The Agreement envisaged greater legislative and
.executive powers to the elected representatives of the people.
J SNC and SJC merge to form Sikkim Congress.

1974

March: New elections under adult-suffrage are held.

Sikkim Congress sweeps the polls, capturing 31 out of 32 seats. The Sikkim
National Party secured only one seat (Kalzang Gaytso). The United
·Independent Front with the National Party alleges that the Sikkim Congress, in
collusion with the Government of India, was going against the interest of the
Sikkimese people.

May 10: The Chogyal opens the new Assembly.

May 11: Assembly passes resolution demanding closer ties with


India.

June 20: . Sikkim Assembly passes the Government of Sikkim Bill.


Chogyal refuses to give assent to Bill.

June 25: The Chogyal rushes to Delhi.

June 28: Emergency session of the Bill again passes. the Government of
Sikkim Bill.
115

July 2: Sikkim Congress members boycott the Assembly sesswn


convened at the request of the Chogyal.

July 4: The Chogyal gives assent to the Government of Sikkim Bill


making Sikkim an Associate State of India. The historic signing
ceremony was attended by Sikkim's Assembly members, India's
Foreign Secretary, Kewal Singh, the Political Officer, G.S. Bajpai
and the Chief Executive, B.S. Das.

July 8: Sikkim Congress leader Kazi arrives in Delhi with 32 legislators.

July 9: Delegates meet P.M.

July 11: Sikkim delegation leaves for home.

July 14: Legislators return to Gangtok.

July 23: Kazi ministry is sworn.

August 13: Sikkim Congress General Secretary, S.K. Rai, writes to Political
Officer for Sikkimese representation in the Parliament This move
is strongly opposed by the people.

August 29: Legislation for Sikkimese participation is approved by Indian


Cabinet.

August 30: Prime Minister Mrs. Indira Gandhi announces Associate State
status to Sikkim in Congress Parliamentary Party meeting.

September 3: The Constitution (36th Amendment) Bill is introduced in the


Parliament to give Sikkim the status of Associate State.

September 4: Lok Sabha passes the Constitution (36th Amendment) Bill.

September 6: Kazi asks Chogyal to quit.

September 7: Rajya Sabha passes the Constitution Amendment Bill ..


116

September 9: Chogyal declares Sikkim Assembly resolution seeking close


links with India as unconstitutional.

September 10: Chief Minister Kazi refutes the allegation.

September 12: The Chogyal visits Delhi and meets Swaran Singh and other
officials.

1975

February 25: The Chogyal goes to Nepal to attend the coronation of King
Birendra.

April10: The Sikkim Assembly passes resolution to abolish the


institution of the Chogyal, demanding Sikkim to become a .
constituent unit of India.

April14: The controversial 'Special Poll' (referred to as the


Referendum) was held which went in favour ofKazi

April23: Lok Sabha passes the Constitution (38th Amendment) Bill


making Sikkim the 22nd State of the Union.

April26: Rajya Sabha passes the Bill.

May15: The President signs the Bill.

May16: Mr B.B. Lal is sworn as the new Governor of the State. The
Chogyal loses all official privileges and positions, 333 years
ofNamgyal dynasty's rule comes to end.

1642 . 333 years Chogyal Phuntsog Namgyal was put on the throne as
the First King of Sikkim at Yoksum Norbu Gang by the three
Saints in W. Sikkim.

8-4-1975 Kazi L. D. Khangsarpa, the Chief Minister and his Cabinet


Ministers, Dorji Tshering of Ben Rinzing Tongden of Jonghu,
117

Nain Tshering of Wak, B.P. Dahal and K.C. Pradhan, had in an


Emergent Cabinet meeting passed a Resolution abolishing the Institution of
Chogyal Namgyal Dynasty (Chogyal).

10-4-1975 An emergent Sikkim Assembly was called for and the Resolution
of the Cabinet was passed and adopted to do away with the
Institution of Chogyals.

14-4-1975 An opinion poll was held.

26-4-1975 The appointed day: Sikkim became the 22nd State of the Indian
Union ..

6-5-1975 The President of India gave his assent.

16-5-1975 Chogyals Institution was abolished and Sikkim merged with


India as the 22nd State of India and State Day is observed on this
date every year.
118

The Ruling family of Sikkim

The N amgyal Dynasty

Gye-Bumsa

Kyawo-Rab Langmo-Rab Mipon-Rab

Sangpo-dar Tsechu-dar Nima-Gyalpo Guru Tashi

Jowo-Nagpo
I
Guru Tenzing

Phuntsog Namgyal, 1604-1669. The First Chogyal ofSikkim


I
Tensung Namgyal, 1644-1699. The Second Chogyal ofSikkim
I
ChakdorNamgyal, 1686-1716. The Third Chogyal ofSikkim
I
Gyurmed Namgyal, 1707-1733. The Fourth Chogyal of Sikkim
I
Namgyal Phuntso, 1733-1779. The Fifth Chogyal ofSikkim
I
Tenzing Namgyal, 1769-1793. The Sixth Chogyal of Sikkim
I
Tsugphud Namgya1, 1785-1863. The Seventh Chogyal of Sikkim
I
Sidkyong Namgyal, 1819-1874. The Eight Chogyal ofSikkim
I
Thutob Namgyal, 1860-1914. The Ninth Maharaja ofSikkim
I
119

Sidkyong Tullru Sir Tashi Namgyal


1879-1914 1893-1963

Sidkyong Tulku Sir Tashi Namgyal


1879-1914 1893-1963
The Tenth Maharaja of Sikkim The Eleventh Maharaja of

Sikkim


Maharaj Kumar Maharaj Kumar Maharaj Kumar
K.P. Namgyal Palden Thondup Namgyal J.T. Namgyal
Died 1941 Born 1923
The 12th Chogyal ofSikkim

1. Maharaj Kumar Paljor Nanigyal born on 20/1111921

2. Maharaj Kumar Palden Thondup Namgyal born on 22/5/23

3. Maharaj Kumar Perna Tseden born on 5/911924

4. Maharaj Kumar Perna Choki born on 25/12/1925

5. Maharaj Kumar Sonam Palden born on 25/5/1927

6. Maharaj Kumar Jigdal Tsewang Namgyal born on 23/8/1928


120

Chogyal is no more:

Chogyal Palden Thondup Namgyal passed away on January 30, 1982 in


London. The greatness of a man is known not by the use of flashy cars or three-
piecesuits; nor even by the mighty mansions and highways that he has built.
The greatness of a man, in the true sense, is measured by how much he is loved
after death, by how much he is missed by his people after he is no more.

"During the hour of his trial, when the very throne was at stake, Chogyal
Palden Thondup Namgyal stood like a rock and sacrificed petty considerations
for the lofty ideals he had espoused. He lost, but in the very process of loosing
his throne and status, he rose to his full stature. For when the 'little men' who
rule the roost in Sikkim will have been consigned to the dustbin of history,
their evil deeds forgotten and, perhaps also forgiven, the people of Sikkim will
be able to look back with awe and respect upon the last representative of the
House of Namgyal on the throne of Sikkim and say that Palden Thondup
Namgyal bowed out of the political stage of Sikkim with the grace of a ruler
and with courage of a real man. He lost his kingdom, but gained a martyr's
halo. And his descendants will be able to walk their heads held high whatever
their circumstances in life happen to be."

The above words pronounced in the Sikkim Legislative Assembly by


Deputy Speaker of the House Lal Bahadur Basnet as a tribute to the former
Chogyal of Sikkim on 1ih March, 1982. The above words still ring a great deal
of truth for us today and reminds us once more that those men and women,
great and small, who have some mission in life and who ceaselessly work
towards that end, cannot easily be forgotten but will be remembered for ever by
posterity.

His death was our cowardice, our disloyalty, and our jealously that put
an end to his life . . . . Let it be known in Sikkim and elsewhere, that he,
j

Denzong Chogyal Palden Thondup Namgyal, did not live for nothing; that he
did not die in vain. It was not the end of Sikkim and her people, but the
12i

beginning of bright new day- the dawn of a new era26 January 29 __.:.February
5, Gangtok.

Chogyal, "A sensitive man, concerned fot state. He suffered a great


deal'' .... Indira Gandhi.

It is unfortunate after loosing his kingdom god was cruel. Chogyal lost
Prince Tenzing Kunzang Jigme Namgyal (who died in a motor accident on 11,
March, 1978). The real heir apparent.

Tenzing Kunzang Jigme Namgyal


March 11, 1978, will go down as one of the saddest days in the history
ofSikkim27

The fateful day opened with smiles of nature. It was the second Saturday
of the month. The people were in a holiday mood. Some film stars were in the
capital to give performance in aid of Andhra Pradesh Cyclone relief fund. The
Gangtok residents clad in their Sunday best displaying the vivid shimmering
brocades thronged the bazaar where everyone congregates during leisure hours
it was about 10 minutes to 9 in the morning, the handsome and dashing Crown
Prince of Sikkim Tenzing Kunzang Jigme Namgyal was out on his usual
morning business round. He had just finished his breakfast at the palace, with
his father, after an enjoyable game of football with the Enchey School children
at the T .N. Academy: At breakfast, perhaps he discussed a few odds and ends
of business arid about his 26th birthday, which was only two days away.

He stopped his black Mercedez benz which he himself was driving, near
the Star Cinema talked to an old man and some others in his usual courteous
jovial and affable manner for a few minutes and drove on towards Deorali on
the fateful Namnang road. Who knows what he was contemplating but just near
the micky garage about 100 yds away he turned his car back around again came
up to the Star Cinema. Perhaps a tug of war was going on between gods of
death and life. At 9 o'clock he turned back again moving towards Deorali.
122

The hand of death had proved ·stronger

Exactly at the same moment an unladen public carrier in the shape of


death also started up the same road from Deorali. Moving towards Gangtok.

. About 400 yds away from Star Cinema immediately after "taking a
sharp turn on the Namnang Road he came face to face with the fatal problem in
the shape of a truck on the narrow winding road on which one vehicle at a time
can hardly move with no room to spare. It was perhaps 5 past 9 A.M.

Tenzing Namgyal immediately used his automatic brakes and as a last


resort pulled at his hand brakes to avoid a head-on collision. But the unforeseen
hand that had gripped the black Mercedez brought all his efforts to a naught
and turned the day black.

The Mercedez bumped against the right bumper of the truck, bounced
off the road and dashed against a rock about 100 feet down on its bonnet,
bounced again and collapsed down with a loud thud on its rear, another 200
feet down. Some people saw the accident. Some people heard the loud bang the
crash of the car had produced. They all rushed headlong towards the fatal spot,
praying for his safety, for they knew it was the Crown Prince. Everyone knew
his black Mercedez.

All efforts of the medical staff at STNM could not undo what the cruel
fate had done. He was announced dead at 40 minutes past 9.

· A wave of shock and anguish swept through the town. All and sundry
were dazed at the most unexpected event. The hospital compound was a vast
black sea of heads. Everyone rushed to the hospital~ from Governor down to
penniless people and later to the palace to offer their condolences and khaddas.

(For the first time after the political upheave! in Sikkim in 1973 the
Govt. Officials went to the palace, for there is a government order banning
officials' visit to palace).
123

People were sobbing and tears running down their cheeks. People were
stunned and dazed. Oh how cruel! How unmerciful of God to cut off such a
promising life in its prime. This is what everyone said.

Grief of the stricken father is unfathomable

Born on March 13, 1952, Young Tenzing had made a niche in the hearts
of younger generation by easy & affable sociability. Even when he was the
Crown Prince he mixed freely with everyone, with his charming and
captivating smiles. List~ning to them and their woes and problems._ His
magnetic & dynamic personality had a knack at attracting people towards him
and creating a feeling of friendship in those he met and drawing a natural
respect from all-young & old.

From his early teens he was keenly interested in students - in improving


their lot, their out look and their education. The first Youth Library in Sikkim
was opened by him at the Tathangchen School. He also formed a social club
for the young boys of the area and took active part along with them in social
work and in promotion of cultural activities. He often gave parties for the
students at the palace and in tum attended the "social evenings" organized by
the schools.

Prince Tenzing, after his early education at St. Paul's, Darjeeling, did his
'0' and 'A' levels at Harrow, were he was the head prefect of the Elms field
House.

In 1973, in the wake of 'mini, revolution' in Sikkim, conscious of his


duties as he was, he left his studies in second year at Trinity College
Cambridge and rushed back to his father's side. Since then he was Chogyal' s
sole companion and counselor.

He was appointed scout-in-chief of Sikkim in 1970. On the sports front


he was the main brain behind the Kumar Sporting Club, Young Tenzing was
124

not only a very good football player, but a Judo brown belt, as well as gymnast
and skilled archer - an art he was keenly interested in reviving.

After Sikkim attained state hood he lost no time in adjusting himself to


' circumstances and addressed himself to the task of looking after
the changed
the business interests of the family and was looking forward to going back to
Cambridge to continue his studies for Master's degree.

On the day of his cremation, 19 March, 1978 there was a vast ocean of
drooping sad humanity from all over Sikkim come to pay their last respects to
their beloved prince.

And cremated along with him were all his ambitions, desires and expectations.

Left behind were the poignant memories, and his indelible smiling, charming
and handsome image, imprinted in the hearts of the people.
125

Notes and References

1. Palden Thendup Namgyal was born on 22nd May, 1923, for other
details see Sikkim: A Concise Chronicle (n.d) published by Denjong
Chogyal Op. Cit.,

2. Chogyal is a derivation from two Tibetan words Cho means -Dharma,


Gyalpo means King. Gyalmo means Maharani or Queen.

3. The Gangtok Treaty- Indo-Sikkim Treaty, 1950, also see Bhowmick


D.J. Bhattachaijee, K.S., 'Constitutional and Political Development in
Sikkim' Journal ofConstitutional and Parliamentary studies. Vol. VIII.
No.3 July-September, 1974, PP 350 to 366.

4. As narrated by Shri B.B. Gooroong.

5. Bajpai, G.S., China's Shadow over Sikkim, Op. Cit. P. XIV.

6. 'Sikl9m's Frustrated Politicians' (Editorial) The Statesman, April3,


1973, 'Sikkim's appeal after clashes' The Statesman, April 5, 1973.

7. 'Indian troops welcomed by people' (News item), Hindustan Standard,


April 7, 1973. 'Trouble in Sikkim', Amrita Bazar Patrika, April 7, 1973.

8. 'Sikkim Stir escalates', Amrita Bazar Patrika, AprilS, 1973, 'Sikkim


Policemen surrender arms to volunteers', Hindustan standard, April 8,
1973.

9. 'India takes over Sikkim administration' Hindustan Standard, April9,


1973.
'India's Role Hailed', Amrita Bazar Patrika, April9, 1973.
Das, B.S. The Srkkim Saga, New Delhi, Vikhas, 1983, PP 1-57.
'Crisis in Sikkini, Editorial, The Statesman, April10, 1973.
Singh, Avtar, Sikkim in crisis, The Statesman, April 10, 1973.
Das, B.S. to help achieve peace in Sikkim, Amrita Bazar Patrika, April
11, 1973.
126

Ray, S.K. Dutta, Smash and Grab, Annexation of Sikkim, New Delhi,
Vikhas Publication House Pvt. Ltd., 1983, PP 45-122.
'India should offer to accept Sikkim as an integral part of the British'
Vajpayee A.B. Hindustan Times, April11, 1973.
Das, B.S. joined as Chief Administrator of Sikkim, The Statesman, April
12, 1973.

10. 'Full accord with India reached says Chogyal', The Hindustan Standard,
April 14, 1973.
'Peking's Game' Amrita Bazar Patrika, April14, 1973.
'All Party talks', Amrita Bazar Patrika, April 14, 1973.
'Gangtok Talks End in Agreement', The Statesman, April 14, 1973.
'Sikkim JAC urges', The Statesman, April16, 1973 (curbs on
Foreigners' Entry).
'Petition by Sikkim', JAC (Joint Action Committee) to Mrs. Indira
Gandhi', Amrita Bazar Patrika, April16, 1973. '1949 repeated, Heat in ·
the Himalayas, Amrita Bazar Patrika, April21, 1973.
Awakened Sikkim, Blitz (BLITZ), April21, 1973. 'Swaran Singh hopes
for reforms in Sikkim soon', Time ofIndia, April 26, 1973.
'Chogyal Must Go', Frontier, April28, 1973.
'Abdication ofMonarchy in Sikkim urged' Times ofIndia, April29,
1973.

11. 'Sikkim Accord on democratic set-up reforms', Times ofIndia, May 10,
1973.
'Democratic set-up in Sikkim Accord Signed' Amrita Bazar Patrika,
May 10, 1973.
A new Democratic Era for Sikkim, The Statesman, May 10, 1973.
See Appendix XII, Text of the Sikkim Agreement, May 8, 1973.
Ray S.K. Dutta, smash and Grab, Op. Cit.,
Das, B.S. The Sikkim Saga, Op. Cit.,
127

12. 'Sikkim Goes to Polls', The Statesman, Aprill6, 1974.


The election was held in three phases, Sunday Hindustan Standard,
April21, 1974.
Sikkim Congress, sweeping the polls, Amrita Bazar Patrika, sweeping
the polls Amrita Bazar Patrika, April23, 1974.
SIKKIM, Sikkim Darbar Gazette (Extraordinary) No. 29, March 3,
1974.
Extraordinary Gazette No. 50, April30, 1974, Gangtok, Sikkim Govt.
Press, 1974.

13. 'Sikkim Assembly Endorses New Constitution', 'Last-Minute bid by


Palace official to block Bill' The Statesman, June 22, 1974.

14. 'Bill to make Chogyal Titular head passed' Hindustan Standard, June
22, 1974.
Salient Provisions of Bill, Hindustan Standard, June 22, 1974.
'Constitution Bill Adopted Again : Sikkim' The Statesman, June 30,
1974.
P.M. urges Chogyal to yield-to give his assent to the Sikkim
Constitution Bill, Amrita Bazar Patrika, July 1, 1974.
'Chogyal assures assent to Bill', Amrita Bazar Patrika July 2, 1974.
"I hereby approve of the Government of Sikkim Bill, 1974 for
proclamation with my formal assent and under my seal and signature",
Hindustan Standard, July 5, 1974. 'China accuses India for its crude
expansionist act' : Chogyal, Amrita Bazar Patrika, July 5, 1974. Also
see Das B.S. the Sikkim Saga, Op. Cit., PP. 45-143. Ray. S.K. Datta,
Sonash and Grab, Op. Cit., 123-326.

15. As narrated by Shri Kazi Lhendup Dmji, first Chief Minister of Sikkim
(Post Merger) and Shri B.B. Gooroong, former Chief Minister and
Political Advisor to the Honourable Chief Minister of Sikkim Shri
Pawan Chamling.
128

16. Sikkim became an associate State of India see 361h Amendment Bill,
1974,
Grover, B.S.K., Sikkim and India: 1947-1974, Op.Cit., PP. 213-239.
Shukla, S.R. Sikkim, Op. Cit., PP. 135-150.
Sinha, A.C. Politics ofSikkim, Op. Cit., PP. 31-37.

17. As narrated by Shri B.B. Gooroong, Frank Katherine, 'No Further


Growing' Indira : The life ofIndira Gandhi Nehru, London, Hopper
Collins Publishers, PP. 363-365.

18. Kazi demands abdication of Chogyal, Hindustan Standard, March 6,


1975. Sikkim cabinet wants removal ofChogyal, Hindustan Standard,
March 7, 1975.
'Removal ofChogyal demanded',Amrita Bazar Patrika, March 7, 1975.
'Immediate removal Chogyal demanded' Statesman, March 7, 1975.

19. 'May 8, Agreement & Act, 1974 cannot be challenged' Amrita Bazar
Patrika, April1, 1975.
'Dorjee urges PM to remove Chogyal' Amrita Bazar Patrika, April10,
1975.

20. 'Momentous Sikkim : steps to abolish Chogyal institution- Special


Poll, Statesman, April11, 1975.
'Sikkim Goes to Polls to Seal Chogyal's fate', Amrita Bazar Patrika,
April15, 1975.
People's Verdict,Amrita.Bazar Patrika, April18, 1975.
'Sikkim to get full-fledged State Status', Statesman, April19, 1975.
Ray S.K. Datta, Smash and Grab, Op. Cit., PP 298-325.
Das B.S. The Sikkim Saga, Op. Cit., PP 103-1L:4.

21. 'Cabinet Okays Draft Bill on Sikkim', Amrita Bazar Patrika, April20,
1975.
129

'Sikkim Bill Tabled in Lok Sabha' Amrita Bazar Patrika, April21,


1975.

22. Sikkim to become 22nd State, Lok Sabha passes constitution


Amendment Bill, 1975 Statesman, April 25, 197 5. 'Sikkim End of a
Royal Era', Hindustan Times, April25, 1975.

23. Rajya Sabha Approves Sikkim Bill, Statesman, 28, 1975.


See Sikkim: 381h Amendment Bill, 1975, appendix XV.

24. 'PM asks Chogyal to respect peoples wishes', Amrita Bazar Patrika,
April26, 1975.

25. Times ofIndia, April30, '1975. Sikkim congr.ess hails death of feudal
order,' Times ofIndia, May 2, 1975.

26. Kazi Jigme N, Sikkim Observer, vol. 2, No. 18, Jariuary 29- February 5,
.1988, P. 2 ..

27. Broader News & Views, Vol. 1, No.6, March, 1978, Gangtok,
Impression, PP 5 & 6.
130

3. Constitutional Position of Sikkim

The previous chapters on political and constitutional history of Sikkim


traced the historical developments through Namgyal dynastic rule until the
merger of Sikkim. Here some important treaties, accords, bills, acts and
amendments relating to Sikkim will be analyzed in the process of formulating a
democratic Constitution, political institutions, extension of rights, freedom and
identity for the people to promote peace both within and outside the State,
friendly relations with India and finally Sikkim to become a Constituent unit of
the Indian Federal Polity along with significances of its Constitutional position.

The Treaty of Titulia : 1817

The East India Company considered it important to have an easy passage


· for its officers and traders through the passes of Sikkim in order to have direct
trade links with Tibet and also to have firm foothold for its armies in Sikkim
for its combating capacity vis-a-vis Nepal and Bhutan. This endeavour came in
the form of friendly gestures towards the Raja of Sikkim in the beginning of
1814. That was the gesture, which produced the Indo-Sikkim Treaty of Titulia
in 1817. The Governor General of India on behalf of the East India Company,
and the Raja of Sikkim, agreed under this treaty to have some part of Nepalese
territory placed under the peaceful possession of the Raja of Sikkim. As a result
the gifts of Sikkim were that Sikkim would submit all its queries with other
States to the arbitration of the British Government and abide by the decision of
the British Government.

That the Raja of Sikkim would afford protection to merchants and


traders from the company's provinces and would not levy any duties on transit
of merchandise beyond the established custom. This treaty has not taken away
the attributes of Sovereignty of Sikkim but the Raja of Sikkim gained a
physical extension ofhis territory.
131

Treaty ofTumlong :1861

On behalf of the Governor-General in Council of India an envoy and


special commissioner made the Treaty of Tumlong with Sekeong Kuzoo, the
Maharaja of Sikkim in 1861. During this time the Crown assumed dire_ct power
·of Governance in India replacing the East India Company. Indo-Sik:kimese
relations entered a new phase when the British were no longer ready to confine
their objectives in Sikkim within the bargains of trade. They displayed both
sword and flag as the emblem for Sikkim within the bargains of trade. The
Treaty of Tumlong incorporated a few important undertakings on Sikkim's
part, stating:

'That British Government could crack down into Sikkim's territory for
any criminals, defaulters, if the Sikkim Government delayed in delivering up
such persons on demand; that the ex-Dewan Namguay or his blood relations
would not be allowed to set toot in Sikkim to hold office under the Maharaja or
his family'.

That British Government would be allowed and assisted by Sikkim


Government, if the former decides to construct roads inside Sikkim or to make
topographical survey there.

That Sikkim Government would not cede or lease any part of its territory
nor allow the armed forces of any other country to pass through Sikkim without
the approval of the British Government and that the Maharaja of Sikkim would
transfer the seat of his Government from Tibet to Sikkim to stay in Sikkim for
nine months in a year and also accredit a vakil of his Government to reside
permanently at Datjeeling which becomes observations post of British in the.
Himalayas.

Protectorate status of Sikkim During British Rule

The relations between the Governments of India and Sikkim continued


to be governed by the treaty of 1861. The trend relating to transaction of trade
132

and other questions increasingly furnished proofs of Sikkim's subordination to


the Government of India. The British authorities in India were ultimately led
to presume that Sikkim is a part of the Indian Empire. Therefore, there was no
- '
necessity to have an agreement with Sikkim on the question of its status and
relationship with India. It was described for the first time as that of a
protectorate in a convention betw·een Great Britain and China concluded on
March 7,1890-Concering Tibet and Sikkim.

The convention stated in article 11 that it is admitted that the British


Government whose protectorate over the Sikkim State is hereby recognized,
has direct and exclusive control over the internal administration and foreign
relations of that State and except through the permission of the British
Government, neither the ruler of t~e State nor any of its officers shall have
official relations of any kind, formal or informal, with any other country.

The convention delineated the boundary· of Sikkim and Tibet. Internal


administration of Sikkim was interfered by Government of India but to retain
Sikkim's distinct identity under the long line of hereditary rule that started in
1641. The Maharaja took quick actions either to make him refrain from
showing such tendencies or to replace him with another member of the royal
family. Maharaja Tashi Namgyal held the office between 1914 and 1963.

This long rule. by him was marked by good relations between Sikkim
and the Indian Empire of Great Britain. Sikkim was not treated at par with
princely states of India but held an international status. It was tributary to other
power which British Power could not reduce to ·its formal or informal
subjection.

However by the Government of India, Act 1935, one seat was allotted to
Sikkim in the proposed second chamber of the federal legislature and the major
intention was to integrate Sikkim along with the Princely States of India under
one federal framework. But the attempt ultimately became an abortive exercise
and Sikkim continued to be 'Protectorate State of British India'.
133

The interests of the Indian Government in Sikkim were looked after ·


through a political office posted at Gangtok to act under the external affair
department of Government of India. Sikkim's position as a protectorate in
relation to British India was on the being of treaty concluded with India to
maintain equality and self-determination. The Protectorate status for Sikkim
was by and large a product of imperial practice.

After India's independence, division of Pakistan and to remove


confusions, India and Sikkim entered into a standstill agreement in 1947 to
retain their respective rights and obligations which the British rulers had
evolved earlier through treaties and practice. The Provision under article 1(3)
(c) of the Constitution of India provided for acquisition of territories and it was
aiming at Princely States of India to join the Indian Union in future. The
Sikkim State Congress petitioned to the Maharaja of Sikkim among other
demands of democratization for accession of Sikkim to India and pressed him
for the acceptance of its demand.

Gangtok Treaty of 1950

On December 5, 1950 came the India-Sikkim Treaty of Friendship


signed at Gangtok. It cancelled all previous treaties between British
Government and Sikkim that existed before Independence of India.

The treaty of 1950 made a few gestures to place the Governments of


Sikkim and India on an equal footing as is common among two Sovereign and
equal states agreeing for mutual benefit. It placed Indian nationals within
Sikkim and the subjects of Sikkim within India under an equal obligation to be
governed by the laws of the country in which they remain. Indian nationals and
Sikkimese sut.jects were equally allowed rights to carry on trade and commerce
and to acquire, hold and dispose of movable and immovable property in each
other's territories as well to levy import duty on goods brought from each
other's territories in order to promote friendly relations and to strengthen the
same. In spite, of it India was unable to evolve a new mechanism so that Indo-
134

Sikk:imese relations could grow completely breaking away from the legacy of
the past.

Article 11 of Gangtok Treaty, 1950 affirmed the continuance of Sikk:im


as a protectorate of India. India undertook the responsibility of Sikkim's
defence, territorial integrity and external relations whether political, economic
or financial along with certain rights for India in the Treaty.

The rights were to initiate measures considered necessary inside or


outside Sikk:im for its defence stationing of troops in Sikk:im, the exclusive
rights of constructing, maintaining and regulating the use of railways,
aerodromes, navigation facilities, posts, telegraphs, telephones and wireless
installations in Sikk:im, constructing roads of strategic importance for
improving communications with other adjoining countries and the right to
appoint a representative to reside in Sikkim.

Correspondingly, some restrictions were also imposed by this treaty i.e.,


Sikk:im was prohibited to import arms, ammunitions, military stores etc.
without prior consent of Government of India. It was also provided under
article XII that in all disputes about the interpretation of this treaty the
decisions of the Chief Justice of India is final. Further it mentioned that
Sikk:im's autonomy in regard to its internal affairs and also India's desire to
assist Sikk:im in its development and administration. However, the Treaty was
silent on Sikk:im's prospects of attaining self-government of democracy.

PRESS NOTE OF THE MINISTRY OF EXTERNAL AFFAIRS,


20 MARCH 1950

The Government of India has had consultations with the Maharajkumar


of Sikkim and the representatives of the political parties in Sikkim, who were
invited to Delhi. The discussion covered the entire field of future relations
between Sikk:im _and India and necessary administrative arrangements within
the State, including the association of popular representatives in the
135

Government of the State. Provisional agreement with India and decisions have
also been taken regarding the administration.

As regards the status of Sikkim, it has been agreed that Sikkim will
continue to be a protectorate of India. The Government of India will continue
to be responsible for its external ~elations, defence and communications. This is
as much in the interests of the security of the State as of India and is dictated by
the facts of geography. As regards internal Government, the State will continue
to enjoy autonomy subject to the ultimate responsibility of the Government of
India for the maintenance of good administration and law and order.

For the present an officer of the Government of India will continue to be


the Dewan of the State. But the Government of India's policy is one of
progressive association of the people of the State with its government, a policy
with which happily, His Highness the Maharaja was in full agreement. It is
proposed, as a first step, that Advisory Council representative of all the
interests should be associated with the Dewan. Steps will also be taken
immediately to institute a village Panchayat system on an elective basis within
the State. This is an essential and effective process of education in the art of
popular government and it is the intention that these panchayats should, in due
course, elect a Council for the State whose functions and area of responsibility
will be progressively enlarged.

The Maharajkumar of Sikkim, who was authorized by the Maharaja to


participate in the discussions on his behalf, is taking back with him the terms
agreed upon. A formal treaty was expected to be signed between the Maharaja
of Sikkim and the Government of India at an early date.

The Proclarnation of 1953 & The State Council

In due course, it was finalized and after getting the full consent and
approval of the Government of India, the Maharaja of Sikkim issued the
"CONSTITUTIONAL PROCLAMATION" on 23rd of March 1953, laying
136

down specific rules in regard to the formation of the Sikkim State Council and
the Executive Councilors with their respective powers and functions. In brief it
fulfilled to a great .extent, the vacuum of the need of a written constitution of
the country, for which, the people had been clamouring for long.

In the said Constitution, the State Council was to consist of a President


to be nominated by the Maharaja, twelve elected members of whom "six shall
be either Sikkim Bhutias or Lepchas and the remaining six shall be Sikkim
Nepalese and five members to be nominated by His Highness the Maharaja at
his discretion". Further the "State Council shall have powers to enact laws for
peace, good order and good governance of Sikkim. Provided that the State
Council shall not, without the previous sanction of the Maharaja make or take
into consideration any law affecting any matter hereinafter defined as
"RESERVED SUBJECTS".

Dyarchy:

A Diarchy system of administration was introduced by the "RESERVED


SUBJECTS" such as External Affairs, Home, Police, Finance, Land Revenue
and Establishment were to be under the direct control of the Maharaja, and the
"Transferred Subjects" such as Education, Public Works, Health, Agriculture,
Excise and Forest were placed under the Executive Councilors. The
Proclamation further envisaged, that the Sikkim Council was not empowered to
discuss or ask questions in regard to (i) the Maharaja and the members of the
Ruling family (ii) the external relations of the State, including relations with
the Government of India, (iii) the appointment of the Dewan and the members
ofthe Judiciary and (v) any matter pending before the court oflaw.

The establishment of the first democratic form of Government in Sikkim,


however, fell miserably short of the peoples' expectation, so much so, that the
State Congress raised strong opposition against the complicated and communal
system of such a Government. They further claimed that the intention of the
Sikkim Durbar as malafide to the extent of self appropriating of all the powers
137

and prerogatives of the State Council by the Maharaja, which otherwise should
have been reasonably delegated to the people to create the basic principle of a
. popular Government of the people and by the people.

Following the implementation of the constitutional reforms, the


instrument of "PARITY" became a controversial issue and also the bone of
contention with the passage of time. Precisely speaking, it became the subject
of repeated and bitter attacks by the Nepalese community on the ground of
discrimination. In all fairness, the principle of "Parity" was judiciously applied
only in the case of allocation of reserved seats for representation of Bhutia and
Lepcha communities in the State Council, and for the grant of scholarship. So
far as the question of employment of personnel in the services of the
Government of Sikkim was concerned, it was not fair to assume that the
formula of parity was said to ease out jobs of the Nepalese for accommodation
ofBhutia and Lepcha candidates.

There is absolutely no logic in the allegation, simply because of the fact


that 75% of the population is of Nepalese origin and the vacancies of Job being
dependant on the availability from co-operating in the election of the village
Panchayats. The result was a forgone conclusion, and the handful of Panchayat
units without the active backing of the National Party, could not function
properly and in due course the institution went into a comatose if not moribund.

It may be recalled that during the discussion, held in New Delhi,


Sikkim's political status vis-a-vis to that of India was also taken up with all its
. .
foreseeable complications. After a searching discussion, it was mutually agreed
that Sikkim should continue to be a protectorate of India, and to spell out the
various provisions of the agreement proposed to be drawn, the Government of
India showed all possible accor.:tmodation in the final shaping of the
Agreement by injecting sufficient understandings, co-existence, goodwill and
harmony. Both the Government deeply felt the dire need for such an instrument
of mutual Agreement on a long time basis.
138

Gangtok Treaty of 1950

Accordingly, a Treaty was signed at Gangtok on the 5th December


1950, between the Maharaja Tashi Namgyal and Harishwar Dayal, the then
Political Officer in Sikkim. In terms of the said Treaty agreement, it had been
agreed that Sikkim would continue to be a protectorate of India, and the
Government of India would be responsible for its external relations, defence
and communications. In regard to internal administration, the Sikkim Durbar
would have complete autonomy, subject to the ultimate irresponsibility of the
Government of India for the maintenance of good administration and law and
order. The treaty earmarked a big leap in the history of relation between India
and Sikkim. In short it was hailed both in India and Sikkim, as the very
foundation of mutual co-operation, trust and friendship between the people of
India and Sikkim.

A joint meeting held on the 6th of March 1951, in the meeting it was
unanimously agreed to by the two main different political leaders of Sikkim,
that the representation and allocation of seats in the future set-up of the State
Council should be, on the basis of the "PARITY FORMULA", whereby the
elected seats were to be divided equally between the Bhutia-Lepcha and the
Nepalese communities. The following true excerpt of the proceedings of the
meeting of the Working Committee of the State Congress and the National
Party, would go to show, among others, the basis of complete understanding
arrived at in regard to the parity Formula :

The Revolutions of 6th March 1951

The members of the Working Committee of the State Congress and the
National Party of Sikkim do hereby in a joint meeting passed the following
resolutions:

1. That the Council of State be elected not by the members of the


Panchayat but by direct election.
139

2. That there shall be reservation of seats on parity basis for the two
communities Nepalese and Bhutia cum Lepcha in the Council election
and the election shall be by a joint electorate.

3. That every candidate standing for the Council election shall secure a
vote of confidence from a Board of representatives of the communities
before ·the nomination paper is accepted. Such a Board of the two
communities representatives to be formed by His Highness in
consultation with all the political parties in the State.

It is resolved that a copy of the above be sent to Maharaja Kumar Sahib.

A proposal for the early formation of a democratic Government to


sufficiently meet the hopes and aspirations of the people was on the anvil, and
despite such a clear understanding given to the political leaders, the Sikkim
State Congress kept demanding for the early implementation of the same.

Meanwhile, the Sikkim Durbar did not remain inactive in regard to its
frantic search for candidates. Since, therefore, the Nepalese are in majority, the
number of candidates are also more from the Nepalese community. The
veracity of the statement in fact, can be verified from the number of employees
serving in various departments of the Government of Sikkim.

However, in the fulhiess of time, the Bhutias and Lepchas also now
genuinely feel that the "Parity System" is living on borrowed time and its
survival, a matter of days. They, therefore, are now banking their hopes of
survival and existence on the Government of India to protect their rights and
,.__., privileges with special reference to their being bracketed as backward ethnic
tribes. Ironically, however, it is the educated and the politically conscious
Nepalese who now want "Parity" to be retained, as they are afraid, that erosion
of the Parity, will be in the long run, effect their own monopoly of majority.

However, it may be said that as the Revenue Order No. 1 of 1917, was
instrumental in affording the Bhutia-Lepcha a tinge of reasonable protection for
. 140

the retention of their landed properties. Likewise the "Parity System" had
accommodated the ethnic community the right to exist, when the presentation
of the people through election was first introduced in Sikkim during the year
1953, with the tacit agreement of all t~e political parties and later approved by
the Government of India. This was destined to be followed after a lapse of
about two decades, by the "Tripatriate Agreement of 8th May 1973" and finally
'
by the Government of Sikkim Act 1974, endorsing the said formula in to do.

The Promulgation of the Sikkim subject Regulation in 1961 clearly


defined the status of the Sikkim subject, his rights and privileges. Under this
regulation a Sikkim Subject Register was maintained containing records of all
the subjects of the Kingdom. Thus it is abundantly clear that the society
developed into a multi ethnic community with diverse social, cultural and
religious ethos. However, the statutory regulation of 1961 clearly identified
who the subjects of Sikkim were as distinguishable from similar ethnic
communities living in the surrounding areas of West Bengal as well as Bhutan,
Nepal and Tibet.

With the Sikkim Citizenship Order of 1975, enacted after the merger, all
Sikkim Subjects were deemed to have become citizens of India on that date. In
this context Sikkim Subjects are defined as those persons who were registered
as subjects of Sikkim in the erstwhile Kingdom.

At the outset, it must therefore be clearly emphasized that when we talk


about the rights and interests of Sikkimese people we are not speaking of any
one community of people but the Sikkimese people identified as Subjects of
Sikkim belonging to these communities. Unfortunately due to both ignorance
as well as political chicanery, it has often been mis-represented that the
demands for the people of Sikkim are for persons other than those recorded and
identified as subjects of Sikkim. It must be categorically emphasized that all
the demands made for the people of Sikkim are only in respect of people who
were ·citizens of the erstwhile Kingdom.
141

Various political forces were at work by the mid 60s and, in 1972, there
was an upsurge in this land following persistent demands for political reforms.
The unprecedented violence came to an end with the signing of an agreement
on 23.4.1973 between the Chogyal of Sikkim and political readers and the
Government of India. The agreement laid down the following pertinent and
important points.

1. Though a minority in its ancestral land, the Bhutia-Lepcha community


has established and maintained the identity of Sikkim in the past and
has always enjoyed certain legal rights and privileges necessary to
develop its distinctive culture. At the same time for the Sikkimese of
Nepali origin also Sikkim is their homeland. The interest of both these
communities have to be safeguarded.

2. The essential considerations set out m part (A) above reqmre the
establishment of a Constitutional and administrative frame work which
guarantees:

(ii) the unimpaired development of the religion, traditions and culture of the
Bhutia-Lepcha community without detriment to the religion, tradition and
culture of any other community.

(iii) The acquisition by the majority community of political, governmental,


legal and economic rights and opportunity equal to those of any Sikkimese
subject without detriment to the legitimate interests or legal rights of the
Bhutia - Lepcha community as set out in (A) 2 above.

This agreement formed the basis ofthe accord signed on 8th May, 1973
between the Chogyal of Sikkim, the Government of India and leaders of the
political parties representing the people of Sikkim. (source: E.B. Gooroong)
142

AGREEMENT BETWEEN INDIAN GOVERNMENT, THE


CHOGYAL AND THE POLITICAL PARTIES OF SIKKIM 1973

Whereas the Chogyal and the people of Sikkim ·are convinced that their interest
and the long-term interest of Sikkim as a whole call for :

1. the establishment of a fully responsible Government in Sikkim


with a more democratic Constitution, the guarantee of
fundamental rights, the rule oflaw, an independent judiciary, and
greater legislative and executive powers for the elected
representatives of the people:

2. a system of election based on adult suffrage which will give


equitable representation to all sections of the people on the basis
ofthe principle of"one man vote";

3. the strengthening of lndo-Sikkim co-operation and


interrelationships; and

Whereas the Chogyal as well as the representatives of the people had requested
the Government of India;

1. to take responsibility for the establishment of law and order and good
administration in Sikkim following the breakdown of all three;

2. to ensure the further development of constitutional Government;


communal harmony, good administration and rapid economic and
social development in Sikkim;

3. to provide the Head of Administration (Chief Executive) in Sikkim


to help achieve and to safeguard all the above needs and objectives;
143

And whereas the Government of India has agreed to discharge the


responsibilities hereby renewed to them;

Now, therefore, the Government of India, the Chogyal of Sikkim and the
leaders of the political parties ofSikkim, HAVE AGREED as follows:

1. The three parties hereby recognize and undertake to ensure the basic
human rights and financial freedoms of the people of Sikkim. The
people of Sikkim will enjoy the right of election on the basis of adult
suffrage to give effect to the principle of "one man one vote".

2. There shall be an Assembly in Sikkim. The Assembly shall be elected


every four years. Elections shall be fair and free, and shall be conducted
under the supervision of a representative of the Election Commission of
India who shall be appointed for the purpose by the Government of
Sikkim.

3. (i) In accordance with this agreement, the Assembly shall have power to
propose laws and adopt resolutions for the welfare of the people of
Sikkim on any of the matters enumerated herein below, namely:

a. Education
b. Public Health
c. Excise
d. Press and Publicity
e. Transport
f. Bazars
g. Public Works
h. Agriculture
1. Food supplies
J. Economic and social planning, including State Enterprises
k. Home and Establishment
1. Finance
144

m. Land Revenue

(ii) The Assembly shall not discuss or ask questions on the following:

1. The Chogyal and the Members of the Ruling Family;

2. Any matter pending before the Court of Law;

3. The appointment of the Chief Executive and members of the


Judiciary; and

4. Any matter which concerns the responsibilities of the


Government of India under this Agreement or under any other
Agreement between India and Sikkim.

5. There shall be an Executive Council consisting of elected members of the


Assembly one of whom shall be appointed as the Chief Executive. The
Chief Executive will preside over the meetings of the Executive Council.

6. The system of election shall be so organized as to make the Assembly


adequately representative of the various sections of the population. The size
and composition of the Assembly and of the Executive Council shall be
such as .may be prescribed from time to time, care being taken to ensure that
no single section of the population acquires a dominating position due
· mainly to its ethnic origin, and that the rights and interests of the Sikkimese
of Bhutia-Lepcha origin and of the Sikkimese of Nepali which includes
Tsong and Scheduled Caste, origin, are fully protected.

7. The Chogyal shall perform the functions· of his high office in accordance
with the Constitution of Sikkim as set out in this Agreement.

8. To head the Administration in Sikkim there shall be a Chief Executive, who


shall be appointed by the Chogyal on the nomination of the Government of
India.
145

9. The Chief Executive shall have all the powers necessary for the discharge
of his functions and responsibilities; and shall exercise his powers in the
following manner :

a. With respect to matters allocated to a Member of the Executive


Council, he shall act in consultation, with ,the Member to whom
administrative functions in this regard have been allocated.

b. He shall submit all important matters to the Chogyal for his


information and for his approval of the action proposed to be taken,
except where immediate action is required. In the latter case, he shall
obtain the Chogyal's approval after the action has been taken, as
soon as possible.

c. He shall have a special responsibility to ensure the proper


implementation of the constitutional and administrative changes in
Sikkim, the smoother and efficient running of its administration, the
continued enjoyment of basic rights and fundamental freedoms by all
sections of the population of Sikkim, and the optimum utilization for
the benefit of the people Sikkim of the funds allocated for the
economic and social development of Sikkim.

d. In cases involving amity between the various sections of the


population of Sikkim, or the development of democratic government
and efficient administration in Sikkim, any difference of opinion
between him and the Chogyal shall be referred to the Political
Officer in Sikkim, who shall obtain the advice of the Government of
India, which shall be binding.

10. There shall be equality befor~ the law m Sikkim. The judiciary shall
remain independent.

11. The Palace establishment and the Sikkim Guards shall remain directly
under the Chogyal.
146

12. The Government of India, who are solely responsible for the defence and
territorial integrity of Sikkim and who are solely responsible for the
condu"ct and regulations of the external relations of Sikkim, whether
political, economic or financial, reaffirm their determination to discharge
these and their other responsibilities for the benefit of the people of Sikkim,
for their communal harmony, good administration and economic and social
development. It is hereby reaffirmed that they shall have the necessary
powers for carrying out these responsibilities.

Done in Triplicate at Gangtok on this the eight day of May of the year one
thousand nine hundred and seventy three, A.D.

Foreign Secretary
Government of India

The Chogyal of Sikkim


Leaders of the Political Parties representing the
People of Sikkim

For Sikkim For Sikkim For Sikkim


Janata Congress National Congress National Party
147

The .1974 Amendment act to the Constitution of India gave Associate


statuys to Sikkini and the 1975 Act made Sikkim the 22nd State of India with a
special constitutional provsion under 371F. If we analyse the provisions of
article 371F (atop) it deals with the special status with respect to the State of
Sikkim. These are a set of provisions to safeguard various political institutions
and to safeguard the rights ad interests of the people of Sikkim. Further to
protect the State of Sikkim and safeguard the identity of the people of Sikkim.
The unique characteristics can be summarized as follows:

First that the Sikkim Legislative Assembly shall consist of not less than
thirty members. At present Sikkim Legislative Assembly consists of 3
members which should have been not less than 60 members chosen by direct
election according to article 170 of the Indian Constitution. There is no need to
apply article 333 of the Constitution of India with regard to Sikkim as because
there are no Anglo Indians in the State.

Secondly, the 36th Amendment Act, 1975 signifies the date of


appointment and commencement .of the Constitution in Sikkim i.e. 26th April
1975.

Thirdly the members elected in the year 1974 to the Assembly were
allowed to continue as sitting members of the Sikkim Legislative Assembly to
perform the legislative functions in the State. The tenure of the Assembly shall
be for a period of five years. Also one seat each in both Rajya Sabha and Lok
Sabha from the State of Sikkim and the first set of members were elected by
the Assembly.

Fourthly under .article 371F (f) for protecting the rights and interests of
the people and sections of the population to make a provision to reserve seats in
the Assembly and to contest elections from among them.
148

Fifthly under section 371F(g) the Governor of Sikkim shall have special
responsibility for promoting peace and for equitable arrangement for ensuring
social and economic development of all sections of the people in the State.

Sixthly all property and assets of the State were vested with the
Government of Sikkim.

Seventhly the High Court functioning before the appointed day shall be
the High Court of Sikkim from the appointed day. Similarly other courts of
civil criminal and revenue and all officers of Judicial, executive and Ministerial
shall continue to function and exercise their function from the appointed day.

Eighthly subsections k, 1, m and n of article 371F deal with old laws to


continue, to facilitate any law under (k) in relation to the administration of the
State of Sikkim. New laws to be extended within 2 years. Neither Supreme
Court nor any other Court shall have jurisdiction in respect of any dispute
arising out of treaty, agreement, engagement relating to Sikkim and the
President of India by public notification, extend such restrictions or
modifications as he thinks fit to the State of Sikkim. Further the President of
India may by order do anything, which appears to him to be necessary for the
purpose of removing difficulty. No such order can be made after two years
from the appointed day. Therefore, article 371F is something unique though not
it commands the status of Jammu & Kashmir under Article 370, 371 and 371
A, B, C, D, E, G, H, & I relating to Maharashtra, Gujarat, Nagaland, Assam,
Manipur, Andhra Pradesh, Mizoram, Arunachal Pradesh and Goa. As because
Sikkim has joined the mainstream of Indian life only in 1975 and is youngest
State of the Indian Union. Sub section (k) of 371F emphasizes upon sanctity
and maintenance of statues que of old laws of Sikkim.

At present there is a move by the center to include Sikkim in the North-


Eastern Council. Inclusion of Sikkim in the NEC shall not oppose to article
371F of the Constitution of India. Sikkim is a newborn State and the
Constitutional safeguards extend protection and promote emotional integration.
149

This is what prompted Pawan Kumar Chamling, the Chief Minister of Sikkim
to emphasize that inclusion of Sikkim into N.E. would rather mean a new
beginning for Sikkim and she would no longer remain isolated from the
National mainstream, and would lead her to a greater participation in the policy
making at the national level. In fact by including Sikkim in the North East
Council would help assist the State to foster the infrastructural facility for
economic development besides the protection extended article 371F of the
Constitution of India. It will be a turning point in the political history of Sikkim
and to find a rightful place for Sikkim in the National map of India. Inclusion
of Sikkim in the North East Council shall not affect the Constitutional
protection under 371F (a to p) and these provisions of 371F shall remain a
'great charter' for the State of Sikkim.

For further see the Appendices and the following notes and references.

1. Chakaravarthi K.R., 'Significance of Article 371(F)"of the Constitution of


India for Sikkim. Sikkim Express, Vol. XXIII No. 39, June 3-5, 1998, p.3
Gangtok, & Himali Bela (Nepali version) June 1998, Gangtok. Himalindia
Publications,1998 p.3.

2. Bhattachatjee K.S., Bhowmick, 'Constitutional and Political Development


in Sikkim JCPS Op.Cit.,350-366.

3. Chakaravarthi K. R. Constitutional Position of Sikkim, Indian Dominion,


(New Delhi) Vol. VIII, No 9-12 Dec, 2000, pp 56-60.

4. Bakshi K.M., The Constitution ofIndia, New Delhi, Universal Law Co. Pvt.
Ltd., 2002 pp.318-320.
150

4. The Executive In Sikkim : Functions And Role

Under the Erstwhile Maharajas of Sikkim

The 1890 Convention between Great Britain and China relating to


Sikkim and Tibet established the British supremacy on Sikkim. The internal
administration and foreign relations of the State came under direct and
exclusive control of the British Government. The ruler or any official of the
State had no relation, formal or informal, with any other State. 1 John Claude
White was appointed the Political Officer, who usurped the authority of the
monarch Thutob Namgyal and brought the administration of the State
completely under his control and became the virtual ruler and administrator of
Sikkim? For nearly thirty years following the Convention of 1890 the British
Resident in Sikkim, called the Political Officer, directly administered even the
internal affairs of Sikkim. 3 An Advisory Council was also established. It was
composed of members nominated from the influential Kazis generally
favourable to the British Government. Under White's authority an attempt was
made to set up an administration in Sikkim on modem lines as a departure from
the traditional feudalism. In 1894, the British Government came to know about
the wrong treatment meted out to the Maharaja and about the usurpation of the
authority of the Sikkim Raja by the Political Officer. By 1895, after Thutob's
return from confinement, he was given back the charge of Judiciary only. In
1905, the Political Officer handed over. the Council and a part of the
administration to the Maharaja of Sikkim, but retained the power to review any
transaction. 4 Thutob Namgyal's son Sidekong Tulku was trained and educated
in Oxford. Soon after his return to Sikkim in 1908, he was appointed the Vice-
President of the State Council and advisory body, and was placed in charge of
Education and Forest Departments in addition to Ecclesiastical Affairs. 5 In the
reign of Tashi Namgyal, Departments of Excise, Income-Tax, Police and Jail
were transferred to the Maharaja by April, 1916, in addition to Education,
Forest and monasteries upon which he exercised independent contro1. 6 In the
year 1917, the authority of the Maharaja was further increased by the grant of
151

the Departments of Revenue, Stamps, Printing Press, Cooperative Societies,


etc. K.P .Dewan was appointed Assistant to His Highness; he was the Chief
Executive Officer, who controlled all the departments under the Maharaja. 7

An investiture Darbar was held on the 5th April, 1918, in the palace in
which Charles Bell, the then Political Officer handed over the 'Kharita of
investiture' from the Viceroy and Governor-General of India conferring full
powers of administration of Sikkim on the Maharaja Tashi Namgyal. 8 The
Sikkimese were jubilant on the occasion owing to the Darbar having received
back its former privileges from the British Raj. K.P. Dewan, Assistant to the
Maharaja, was reverted to his substantive post under the Government of India .
on the 3rd March, 1919. 9

Sikkim Maharaja : the Head of the Executive

Powers and Position

The ruler in Sikkim was the source of all authority within a few years, so
far as internal administration of the State was concerned. The Government was
. directly under the control of the Maharaja, who was assisted by an organized
Secretariat. The entire administration was carried on through specific
departments. The recommendations of the Departmental Officers were
carefully considered in the Secretariat and the decisions of the Darbar were
issued by a Secretary to the Government, in the form of Orders, Proceedings or
Letters. 10 The administration of Sikkim under the direct rule of the Maharaja
had been steadily adapting itself to modem style of government. The system
was based on good old patriarchal monarchy of ancient days of oriental
civilization where subjects stood as children of the ruler and with simple hill
people, unaffected by the evils of democracy and elections and system worked
successfully. 11 The State Council, constituted of the members nominated by the
Maharaja, was there to aid and advise him in the governance of the country.

The annual budget went through this Council for his final sanction. The
ruler also enjoyed prerogative power to pass any order independent of the
152

Council. 12 All the appointments were made by the Maharaja and the
incumbents served in their posts till the pleasure of the Maharaja. But these
powers were, to certain extent, all apparent. The Maharaja was consulting the
Political Officer on all important matters, and no decision could be taken
without taking the latter in confidence. 13 However, a system was developed
with regard to the decision making; if the Council members and the Political
Officer agreed on any matter, the Maharaja had to accept that and if the
Maharaja and the Council members agreed on any matter, the Political Officer
used to accept and execute. 14 Even if the power were given to the Maharaja, the
ultimate authority was retained by the Political Officer. 15

The Landlords : Powers and Role


At the time of Thutob Namgyal's detention, Claude White liquidated the
'Private Estates' of the Royal House and the lands of loyalist elements and
distributed them mainly among the pro-British elements. A number of lessee
landlords were created. 16 The country was divided into several 'elakhas'
(estates) and they were placed under the Elakhadars. These Elakhadars were
invested with certain adminis_trative as well as judicial powers, which they
enjoyed till the abolition of the lessee system in 1949. The landlords were to
take care of law and order within their own 'elakhas' and as such, they
functioned as police officers within their respective jurisdictions. 17 The
Elakhadars were authorized by the Darbar to arrest and detain in custody the
bastiwallas, who they had reason to believe, were actually leaving the
jurisdiction of their Elakhas without paying their rent and taxes. They could
detain such Bastiwallas for a maximum period of tWenty four. hours; but no
Bastiwalla, paying land rent of Rs.25 and above, could be detained by them. 18
All the Elakhadars and Managers of Elakhas of Sikkim were permitted to sell
or attach movable properties of the defaulting Bastiwallas to the extent of
Khazanas due from them. But they should not sell or attach properties of those
Bastiwallas whose outstanding khazana was less than Rs.l 0 after payment of
greater portion of their khazana. 19
153

The Elakhadars were ipso facto subordinate Forest Officers of their


estate. They maintained menial forest establishment at their own expenses and
were paid in the shape of half of the royalty on timbers and other minor forest
produce, sold from the reserved forest in their elakhas and a portion of the
royalty accruing from the sale of timber etc., in the khasmahal areas. 20

The Process of Modernization of Administration

The powers and position of the ruler as it was, continued up to 1950.


The demands for democratic government and economic reforms, raised by the
political parties, led to an agitation that compelled the Maharaja to introduce a
new (cabinet) responsible system of government in 1949. It was simply an
experimental measure and also a measure to appease the agitated public. The
powers and position of the ministry was not well defined. Soon the Ministry,
headed by Tashi Tsering as the Chief Minister, came in conflict with the
Darbar. The Maharaja dissolved the interim Ministry appointed under the
notification ofthe 9th May, 1949, and "having in mind the interest of peace and
the welfare .of His Highness' people, His Highness had agreed that the
Government of India should nominate a Dewan to administer the State in His
Highness', name and that the Political officer in Sikkim should take charge of
the administration in the meanwhile."21 J.S. Lall, ICS, was appointed Dewan of
Sikkim State with effect from the 11th Auglist, 1949.22 In the press note, issued
by the Ministry of External Affairs on the 20th March, 1950, it was stated: "As
. regards the status of Sikkim it has been agreed that Sikkim will continue to be a
Protectorate of India. The Government of India will be responsible for its
External relations, defence and communication and · as regards internal
government, the State will continue to enjoy autonomy subject to the ultimate
responsibility of the Government ·of India for the maintenance of good
administration and law and order. Then an officer of the Government of India
was assigned to continue to be Dewan of the State. But the Government of
India's policy is one of progressive associations of the people of the State with
its Government."23 So the Maharaja agreed to this policy. Immediately after
154

this a treaty was signed between the Government of India and Sikkim in
December 1950, which granted autonomy to Sikkim with regard to its internal
affairs of administration.

The Executive Council of Sikkim

A Constitutional Proclamation issued by Maharaja in 1953 postulating


the powers and functions of the State Council and the Executive Council.
According to it a system of Diarchy was established in Sikkim, by which the
Maharaja retained some important spheres of government exclusively with him
and transferred some other spheres to the Executive Councillors who were
chosen from among the elected members of the State Council. The
Proclamation envisaged that "there shall be an Executive Council for the State
the members of which shall hold office during the Maharaja's pleasure and
shall be responsible to him for the executive and administrative functions of
Government."24 The Executive Council was constituted of the Dewan, who was
its ex-officio President, and such other elected members of the State Council as
the Maharaja might appoint from time to time. The Executive Councillors were
entrusted with the administration of the transferred subjects, such as Education,
Public Health, Excise, Bazaars, Transport, Forest and Public Works. The
Executive Councillors were to retire from office and the commencement of the
first session of each new State Council, but they were eligible for
reappointment. The Maharaja retained the right to vote any decision made by
the Executive Council and to substitute his own decision thereof. 25

The reserved subjects who were exClusively under the control of the
Maharaja, consisted of Ecclesiastical, External Affairs, State Enterprise, Home
and Police, Finance, Land Revenue, Rationing and Establishment ·
Departrnents. 26 The Executive Councillors could not deal with any of these
matters. The Dewan was the administrator of the reserved subjects. 27
155

The Executive Councillors : Appointment, Powers and Position

The Executive Councillors were held individually responsible for their


respective department to the Council. In the sessions of Council the Chief
Secretary submitted the reports of achievements of the Government relating to
reserved subjects and the Executive Councillors submitted reports of their
respective Departments. P.S. Tsong once raised a question in the Sikkim
Council that with regard to transferred subjects, presumably the Executive
Councillors concerned would have to resign in the case of failure of his
departmental responsibilities but with regard to reserved subjects "who was to
resign in such circumstances - the Chief Secret~ry of the Sidlon" 28 (Dewan)

The Chief Secretary mentioned that among responsible, against whom


action was usually taken in such cases which might range from simple warning
to dismissal and prosecution in court. 29 In reality, the Executive Councillors
were responsible to the Maharaja as they were appointed by him, and to a great
extent it was the discretion of the ruler as to whom he would appoint. The
number of the Executive Councillors varied from time to time. In 1953 two
Executive Councillors were appointed. In 1959 two Executive Councillors and
three Deputy Executive Councillors were appointed; of them Kashiraj Pradhan
was made the senior Executive Councillor. 30 Pradhan, of course, resigned after
the declaration of the judgment of the Election Tribunal. In 1967, three
Executive Councillors and two Deputy Executive Councillors were
appointed. 31

In 1970, the Chogyal appointed six Executive Councillors and there was
no Deputy Executive Councillors that year. 32 In 1973, six Executive
Councillors were appointed by the Chogyal 33 though the members representing
the Sikkim National Congress and Sikkim Janata Congress did not participate.

The power of the Executive and Deputy Executive Councillors to grant


expenditure and contingent grant were fixed by the Maharaja as 'financial
power' by which the Executive Councillors could spend Rs.500 and the Deputy
156

Executive Councillors could spend Rs.1 00. But this power was to be exercised
in respect of duly authorized item of expenditure for which there was budget
provision? 4 The Senior Executive Councillors, the Executive Councillors and
the Deputy Executive Councillors were entitled to emoluments of Rs.600+ 150
spl. Allowance, Rs.600 and Rs.350 p.m. respectively along with a house rent
allowance ofRs.75 pm. 35

The Chogyal approved in the year 1967 certain Rules of Business for the
Executive Council and powers for the Executive Councillors, which included
enhancement of financial power, in so far as the Executive Councillors were
authorized to sanction expenditure not exceeding rupees five thousand, and the
Deputy Councillors were authorized to sanction expenditure not exceeding
rupees two thousand and five hundred in each individual case as grants other
than contingent grant and maintenance of vehicles grant. Regarding contingent
grant was concerned the provision of 1958 was retained. 36 These grants could
be made provided there was specific provision in the budget and proposals of
grants were processed through the Finance Department. The Executive
Councillors were also to ·see that the proposals did not involve the Darbar in
any recurring liability. Any proposal for expenditure of an urgent nature, not
provided for in the budget, must be processed through the Finance Department
for obtaining approval of the Chogyal. 37

In 'so far as legislation was concerned, the, Executive Councillors were


authorized to legislate on transferred subjects. Any such proposal should
unanimously be passed in the Executive Council as far as possible; in case of
difference of opinion the matter should be referred to the Chogyal for final
order. In the case of decision on any mater, if there be a difference of opinion
between the President and the Executive Councillors, the President W;)uld refer
the matter to the Chogyal for decision. Pending such decision the President was
competent to take action in urgent cases, but was to obtain the Chogyal's orders
at the earliest. The Executive Councillors were to keep the Chogyal informed
of all important matter through the Principal Administrative Officer. 38
157

The Executive Councillors were to submit to the Chogyal for approval


their tour programmes a week in advance through the PAO the Executive
Councillors were authorized to sanction casual leave, privilege leave and leave
without pay to Class II and III officials of their respective Departments. All
cases of leave, transfer, increment, promotion, etc., of Gazetted and Class I
officers would be referred to the Establishment Department by the Heads of
Departments through the Executive Councillors. The Executive Councillors
were to forward the tour programmes of the Heads of Departments to the Pay
and Accounts Office. 39

In spite of the fact the Executive Councillors were placed in charge of


transferred subjects, the policy decisions were, in fact, taken by the Dewan
(who as later designated as the Principal Administrative Officer and a Sidlon)
in consultation with the Chogyal: The Executive Councillors were to execute
those decisions through the Departmental Officers under them. 40 While taking
part in the debate in Sikkim Subject Regulation in 1961, one of the members
expressed his surprise that the Executive Councillors could do nothing to
prevent such regulation. He also implied that the Executive Councillors were
. 41
nothing but mere clerks.

"The Executive Councillors though elected by the people but nominated


by the ruler, have no real executive powers, nor have they been vested with the
powers to which they are entitled. This, it would appear, has been motivated
with the specific idea of bringing disrepute to the people's representatives in
the eyes of the people, and thereby disrupt any progress towards the
introduction of democracy in Sikkim."42

Structure of Administration in Sikkim

John Claude White tried to lay down the basic administrative structure
and with the passage of time it adapted itself to modem forms of government.
By 1908, the post of the Private Secretary to the Maharaja was created, to help
assist the Maharaja to administer the departments under his control. 43 As the
158

power of Maharaja was successively increased by 1916, another post of


Assistant to His Highness was created; he was the Chief Executive Officer of
the State who was to control all the departments under the Maharaja. 44 This
post was, however, abolished in 1919.45

Later, the Maharaja was assisted by an organized Secretariat and the


entire administration was carried on through specific Departments. All other
departments were controlled by three secretaries, besides the State Engineer
who also acted as the Secretary for the Public Works Department ofthe State.46
Of the three Secretaries, the General Secretary dealt with Police, Arms and
Ammunition, Land administration, Registration, Cooperatives, Forest, Political
i.e. 'Chamber of Princes, etc. Miscellaneous and Stationery

The Judicial Secretary dealt with Education, Medical, Ecclesiastical,


Jails, Printing Press, Income tax, Excise, Bazars, Veterinary, Stamps, Census .
and Miscellaneous (internal dealings), etc. The Financial Secretary dealt with
Budget, Accounts, Audit and Establishment, etc. 47 State Services and Provident
Fund Rules came into force with effect from the 1st April, 1940.

The decision of the Maharaja in the case of doubt in the interpreta~ion of


any rule was made final. The State servants were divided into four grades; the
first grade included officers of the State service drawing salary exceeding
Rs.650; the second grade included officers drawing salary between Rs.150 and
Rs.650; the third grade included all other State servants in superior service, and
the fourth grade included police constables, wardens, forest guards, excise
peons and other State se:r;vants was fixed at 55 years optional and 60 years
compulsory. 49 The Sikkim Darbar reserved the right to retire an employee or
his attaining the age of fifty five. 50

In 1949. an officer given on loan by the Government of India, was


appointed Dewan and with the appointment of the Dewan and was made in
charge of administration of the State, the modernization of the administrative
system achieved a steady progress. Landlordism was abolished in 1949 and
159

gone with it were the magisterial powers of the landlords. Several Tahsils were
established, and Revenue Officers were appointed. The rate of taxes was also
reduced. 5 1

Later, for administrative purpose, the State was divided into four
districts with their respective Headquarters. The District Officers were
appointed who also functioned as Magistrates. Apart from the District Officers,
Deputy Development Officer and Inspector of Land Revenue were also placed
in the District Service. 52

Several Departments from 1953 were created and later since then a full-
fledged Secretariat started its function under the Chief Secretary. The post of
the Chief Secretary was created in 1954 and T.D. Densapa was appointed the
first Chief Secretary of Sikkirn. 53 After his retirement D. Dadul was appointed
the Chief Secretary. Later, T.S. Gyaltsen became the Chief Secretary in 1973. 54
In 1954, the post of a Development Commissioner was created and His
Highness appointed the Maharajkumar Jidgal Tsewang Namgyal to the post. 55
The Departmental Secretaries were under the Chief Secretary. The Chief
Secretary was also the Head of the District Administrative System functibning
through fo~r District Offcers. 56 A number of departments were there headed by
the Directors. The Education Officer was re-designated as the Directorate of
Education. 57 The office of the Superintendent of Police was ·designated as
Police Commissioner. 58 There were Director of Health Services, Conservator of
Forest as well as a Financial Advisor and a Chief Accounts Officer. A new
Department of Audit and Accounts was established in 1971, with the post of an
Auditor General in the rank of Secretary to the Government. 59

The Dewan was however in the over all charge of administration "As
President of the two Councils and Administrator of the reserved subjects, the
Dewan was placed in a position of commanding power. The reforms he
envisaged by J. Lall necessitated the exercise ofthe Dewan's authority over a
160

wide field of administration". 60 This post of Dewan was designated as Principal


Administrative Officer and later as Sidlon. 61

The Chief Secretary, the Secretaries and the Directors were subordinate
to the Sidlon and they worked under his orders. The village administration was
carried out through the Panchayats established since 1966. 62 Earlier, the
Mandals of the villages were given certain powers so that they could be the
custodians oflaw and order. Besides their legitimate duties connected with land
revenue, the Mandals were to help the Government in all matters pertaining to
development and welfare schemes in their blocks. 63

The last Sidlon was I.S. Chopra. When Chopra was relieved of his
responsibilities, the Chogyal directly assumed the administration of the State in
1972. 64

In December 1972, the Chogyal found it expedient to appoint an adhoc


council of senior officers to look into the urgent and important matters of
policy decisions affecting the country and the administration, including the
general election during his absence. As such, he constituted a Special Council
with D. Dadul, (in his absence T. Gyaltshen), J.T. Densapa, M.M. Rasaily and
M.P. Pradhan .. All decisions, taken by the Special Council, would be of interim
nature subject to the Chogyal's review and/or ratification~ 65

"Though Sikkiril was a Protectorate of India prior to its admission as an


Associate State by and under the Constitution (thirty fifth Amendment) Act,
1974 and its subsequent incorporation in the Union of India as a component
State by and under the Constitution (Thirty Sixth Amendment) Act, 1975, the
Ruler of Sikkim wasn't a limited Ruler in regard to its internal administration-
limited neither by any written Constitution nor by any Legislature. As regards
its internal governanee and administration, the Ruler was the Supreme
Legislature, the Supreme Executive and the Supreme Judiciary and as such all
his orders, howsoever issued, were equally effective and were to govern and
regulate the affairs of the State and its citizens."66
161

Post 1974 Administrative System

The Powers and Position of the Chogyal

The Act specified the powers and position of the Chogyal. It provided
that the Chogyal should take precedence over all other persons in Sikkim and
he should continue to enjoy the honour, position, and other personal privileges
hitherto enjoyed by him. The Chogyal should exercise his powers and perform
·'

his functions in accordance with the provisions of the Government of Sikkim


Act and nothing contained above would affect this provision. 67 The Chogyal
was functioning more as a nominal executive.

Legislative Powers

The Chogyal exercised legislative powers to summon the Assembly on


...
the advice of the Chief Executive, who was the President of the Assembly. The
Chogyal addressed the Assembly after intimating to the President of the
Assembly. The Chogyal or any person nominated by him was to administer
oath of affirmation to the members of the Assembly. 68 The powers of the
Assembly to discuss, to make recommendation or to make laws had been
limited to twelve specific spheres. The Chogyal on the recommendation of the
Government of India might add, by notification in the Sikkim Darbar Gazette,
any other matter, which would thereafter be deemed to have been included
within the jurisdiction of the Assembly. 69

Like in Indian style, when a bill was passed by the Assembly, that it
should be presented to the Chogyal and the Chogyal could either assent to the
bill or withhold the assent there from. In the latter case he should return the bill
as soon as possible to the assembly for reconsideration. If the Bill was again
passed by the Assembly and presented to the Chogyal for assent the Chogyal
must give his assent to the bill. The Chogyal had the power to reserve certain
bills for the consideration of the Government of India.
162

Executive Powers

All executive actions of the Government of Sikkim, taken in


accordance with the provisions of the Government of Sikkim Act,1974 should
be expressed to have been taken in the name of the Chogyal. The Chogyal was
to appoint the Chief Executive nominated by the Government of India. The
Chief Minister and other ministers were to be appointed by the Chogyal on the
advice of the Chief Executive.

The Chief Executive was to submit all-important matters to the


Chogyal for his information and his approval. If there be any difference of
opinion between the Chief Executive and the Chogyal in respect of any matter,
it should be referred to the Government of India for decision and the decision
of the Government of India would be final.

A d~fference of opinion arose, e.g., when K.C. Pradhan, Minister


incharge of Agriculture and Animal Husbandry was dismissed from the
Ministry with· effect from 18th March, 1975,70 the Chogyal wanted that the
Chief Minister must assign reasons for dismissing Mr. K.C. Pradhan from the
Ministry, but the Chief Executive maintained that it was not necessary to give
any specific reason. Again, the Chogyal maintained that the terms 'Darbar' and
'Sikkim Darbar' mentioned in various acts, rules and regulations which were in
force in Sikkim, meant the Government of Sikkim and not the Chogyal.

Once again a difference of opinion arose between the Chogyal and the
Chief Executive about the authority, as to whom the cases of the Judicial
Department requiring higher orders in Government should be submitted. The
Chogyal maintained that those should be submitted to him. The matter was
referred to the Government of India and the Government of India opined that
the Chief Executive as the head of the administration of Sikkim had full control
over the Judicial Department. Hence all cases relating to Judicial Department
of Sikkim requiring high-level government orders such as those pertaining to
163

appointments and transfers and others should be submitted to the Chief


Executive and not to the Chogyal. 71

In the case of any difficulty in giving effect to the provisions of the


Government of Sikkim Act, the Chogyal in consultation with the Chief
Executive, by order, could do a~ything not inconsistent with this Act, which
would appear to be expedient or necessary for the purpose of removing the
difficulty. The Chogyal was also to make rules for the allocation of business to
the Ministers and for the more conveni~nt transaction of business on
recommendation of the Chief Executive taken in consultation with the Chief
Minister. The Government of Sikkim Act made the Chogyal a Constitutional
Head of the State. His supreme authority in the internal governance of the State
was gone and he was subjected to the advice of the Chief Executive and the
Council of Ministers. He was also bound to the decision of the Government of
India, in case there was a difference of opinion between him and the Chief
Executive. Thus the office of the Chogyal was transformed into a titular one.

The Council of Ministers and Chief Minister


The Government of Sikkim Act also provided for a Council of Ministers
with one of the members thereto at the head who would be designated as the
Chief Minister and.~thers as Members of the Council of Ministers.

The Council of Ministers would be in charge of the administrative


departments allotted to them and they were to advise the Chogyal with respect
to all matters within their jurisdiction. The Council of Ministers were to
communicate their advice to the Chogyal through the Chief Executive. The
Chief Executive could require the Council of Ministers to modify their advice
if he felt that the advice affected or would likely affect any of his special
responsibilities or the responsibilities of the Govc:rnment of India with regard
to Sikkim. The advice of the Ministers tendered to the Chogyal would not be
questioned in any court of law. The Council of Ministers were responsible to
the Assembly. They were to take oath of office and secrecy from the Chogyal
164

or such other person as might be authorized by him. The Executive Power of


the Council of Ministers would extend to Education, Public Health, Excise,
Press and Publicity, Transport, Bazars, Forest, Public Works, Agriculture, Food
Supplies, Economic and Social Planning including State enterprises and Land
Revenue. The Ministry was not given any power with regard to Home and
Finance.

The Chief Executive

The Chief Executive was placed at the head of the administration in


Sikkim. In fact, he was an officer of the Government of India placed in that
high post formally being appointed by the Chogyal. His functions were to
ensure that the responsibilities of the Government of India, accrued as a result
of the Tripartite Agreement of the 8th May, 1973, or any other agreement
entered into between the Chogyal and the Government of India whether before
or after the Commencement of this Act or the special responsibilities of the
Chief Executive entrusted to him through the Tripartite Agreement, were duly
discharged.

The Government of Sikkim Act, 1974 further provided that the Chief
Executive should have all the powers necessary for the discharge of his
functions and responsibilities and the executive powers in Sikkim would be so
exercised as to ensure compliance with any decision taken or orders or
directions issued by the Government of India in the due discharge of its
responsibilities. The Chief Executive had also been empowered to take action,
in the performance of his functions, on matters of administrative functions
allocated to a minister, though he was to act in consultation with the minister in
respect thereof. He was to take approval of the Chogyal for actions proposed to
be taken, though he could take action in emergency without prior approval of
the Chogyal. But he s~10uld get such action. approved as early as possible. Thus
the Chief Executive was virtually made all-powerful in Sikkim. Whether in the
matter of policy decision or in the matter of execution of policies, the voice of
the Chief Executive was all that mattered. He was made the President of the
165

Assembly and had the power to regulate the jurisdiction of the Assembly also.
Thus the Chief Executive had been. vested with real executive and legislative
powers. The Council of Ministers was made completely subordinate to and
subject to wide control of the Chief Executive. This was why, it was alleged by
many people in Gangtok, that the Chogyal was made a constitutional head but
the Chief Executive was made a real ruler.

The Government, Administration and Politics of L.D.Kazi

In accordance with the Government of Sikkim Act, a five member


Ministry was formed with Kazi Lhendup Dorji as the Chief Minister on the
23rd of July, 1974. 72 Apart from Kazi, the other four Ministers were Rinzing
Lepcha, B.P. Dahal, Dorji Tsering and K.C. Pradhan. As the confrontation of
the Ministry with the Chogyal was precipitating, the dissatisfaction with regard
to Government of Sikkim Act among the MLAs and some of the Ministers was
also increasing. The Sikkimese leaders felt that virtually they had not been
given any real power. Before the adoption of the Government of Sikkim Bill by
the Assembly, important youth leaders like R.C.Poudyal, N.K. Subedi and
others, went on hunger strike, on the ground that the Bill was far from being
satisfactory. When this Act was put to actual working, this feeling rose high
among the leaders. The contradictions of the Sikkimese leaders were· really
bewildering. The exciting thought of getting rid of the Chogyal was inciting
them to insist on demanding closer ties with the political institutions of India
on the other hand, while fomenting <;iispleasure over the Government of Sikkim
Act on the other. Ever after the Associate status was granted to Sikkim,. this
feeling continued. The position and power of the Chief Executive vis-a-vis the
Council of Ministers was so apparent that by March, 197 5, a move was there
demanding the transfer of Home, Finance and Establishment portfolios from
the Chief Executive to the Chief Minister. It is said that a charter of demand
was prepared which solicited the reduction of the power of the Indian
Government with regard to Sikkim, reduction of the powers of the Chief
Executive and diminution of the latter's role to only an advisory capacity. It
166

also demanded withdrawal of three lAS Officers on special duty including the
'all important Cabinet Secretary' .73 It hailed the reported statement of the
Chogyal to hold dialogue with the Chief Minister. A signature campaign 'Yas
started and at least 18 legislators including a Minister signed it. It was gathered
that, as soon as the authorities got him of it, they promptly acted and insisted
on the signatories on withdrawing their signatures. In the emergent meeting of
the Legislature Party held on the 16th of March, 1975, the entire move was
ultimately repudiated. 74

The struggle between the Chogyal and the Ministry was mounting. Even
though the Chogyal had given an assurance to the Prime Minister to act as a
constitutional head and to honqur the aspirations of the people, his activities
and utterances in Gangtok were alleged to have been contrary to that. 75 The
Sikkim Assembly itself was determined to discuss the future of the Chogyal
unless the Chogyal adhered to his constitutional role. According to the
Ministry, the Chogyal had so far not seemed capable of discharging his
constitutional obligations. He had been firmly opposed to the Sikkim
Assembly's request for participation in India's political institutions and had
mounted a campaign against the Constitution Amendment Bill intending ·to
give Sikkim an Associate Status.

In his communication to the Government of India, the Chogyal claimed


that Sikkim had never been a part of India geographically ethnically or racially.
The Chogyal contended that Sikkim was not like the other 500 odd Princely
States. The Government of India also did not equate Sikkim with former Indian
Princely States and that was why lt signed a separate treaty, the treaty of 1950
with it. 76 The conflict, that was generated over the issue of Government of
Sikkim Bill, between the Chogyal and the Sikkim Congress, pontinually wer•.t
on deteriorating the politicnl situation in Gangtok.

The role of the Chief Executive B.S. Das was really crucial. Some
expected that his role should be one of a link between the Chogyal and his
167

people until such time as the two had sufficiently overcome past prejudices to
work together in harmony. 77 As the head of the administration Das was
expected to reconcile the two principal contenders, the Palace and the Sikkim
Congress. Mutual distrust and misunderstanding between the Chogyal and the
Council of Ministers were gradually widening with the passage of time. B.S.
Das was replaced by B.B.Lall as the Chief Executive in September, 1974; the
contradictions between the Chogyal and the Cabinet could be said to have
precipitated during his time. It is said that the conflict was not an old fashioned
struggle between monarchy and republicanism, since for the time being at least,
the throne had little political weightage. Opposition could only be directed
against the Chief Executive in whom was vested all real authority. 78

The Chogyal saw the erosion of his power suffered from humiliation and
insult, still he fought, what he said, not for his interest, but for the interest of
the Sikkimese and that even by simply demanding to preserve its identity and
nothing more. But the leaders of the Sikkim Congress interpreted each of his
actions as contrary to the aspiration of the people and smooth development of
democratic government in Sikkim. In February, 1975, the Ministry was
expanded b)' including Nayan Tsering Lepcha and B.P. Kharel as Ministers. 79
In March, 1975, K.C. Pradhan was dismissed from the Ministry. 80 However,
the conflict between the Chogyal and the political leaders came to such a point
that the Sikkim Assembly adopted resolutions seeking abolition of the Office
of the Chogyal and demanding merger of Sikkim with India.

The Post Merger Government of Sikkim

The merger inaugurated a new age and a new political system for the
Sikkimese. The Chief Executive B.B. Lall assumed office of the Governor of
Sikkim with effect from the 16th May, 1975. Kazi Lhendup Dorji was
appointed the Chief Minister of Sikkim and B.P. Dahal, B.P. Kharel, Dorji
Tsering Bhutia, Nayan Tsering Lepcha and Rinzing Tongder Lepcha were
appointed Ministers. Thus the governmental machinery being set by the
168

Constitution of India Sikkim started reversing the path of democracy. For


immediate purposes, by the Constitution (Removal of difficulties) Order No.
XI of the President, the Governor of Sikkim was empowered to authorise, by
one or more orders, such expenditure from the consolidated fund of Sikkim as
he deemed necessary, for a period of not more than six months beginning from
the appointed day, pending the sanction of such expenditure by the Legislative
Assembly of the State.

The Governor and the Constitution of India


Article 371F(g) of the Constitution provides that "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." This discretionary power of the Governor undoubtedly had been
given considering the special conditions that prevailed in Sikkim. The Chief
Executive also, under the agreement of the 8th May, 1973 and the Government
of Sikkim Act 1974, was provided with special responsibilities. But keeping his
discretionary powers aside, how far the post of the Governor in Sikkim was a
decorative one, at least upto October, 1979, was a matter of debate. The
executive power of the State is vested in the Governor but according to set
pattern he is to act on the advice of the Council of Ministers. But in Sikkim, at
least during the Kazi's Government, may in Gangtok believed that it was not
the Governor who acted on the advice of the Cabinet but it was the Cabinet
which acted or the advice of the Governor. It was often heard in Gangtok that
the Governor was all in all in Sikkim, he was the 'super legislature and super
executive.' In fact, the Ministers were quite new and they we:.-e not conversant
with the complex working of the modem government. It was a common belief
that the Chief Minister could practically do nothing without consulting the
Governor. It is said that the Cabinet Secretary also played a vital role in the
169

matters of decision-making. It was giVen to understand that the Cabinet


Secretary played the role of liaison between the Governor and the Cabinet. On
enquiry as to how often he consulted the Governor on matters of decision, the
Chief Minister said that whenever necessity arose he used to consult the
Governor. In an enquiry whether they had ever defied the decision of the
Governor, most of the Ministers replied that they had a very cordial relation
with the Governor and they never had developed any conflict with him. Only
R.C. Poudyal told that sometimes it happened that the Governor wanted
something to be done but he could not accommodate that. In fact, a good
number of elite in Gangtok held it quite natural that the Governor, who had
been an expert civilian and · who had a definite role in the process of
Government earlier in U.P. or in the Centre, would make his post in Sikkim a
dynamic one and assert his role in the governmental process of the State. It is
understood that the Governor rendered unhesitatingly his advice and guidance
whenever sought for. Individually the Cabinet members also approached the
Gove~or for his suggestion and advice. It is also being understood that
developmental projects and several other programmes were often suggested by
the Governor which the Cabinet used to accept.

The Governor also figured in the Assembly debate as early as 1976,


when N.B. Khatiwada observed that the Ministers should not involve the
Governor in each and every issue discussed by the august House when the
Governor occupies a constitutional position, and this was against the norms of
parliamentary practice. 81 The Chief Minister Dmji also mentioned in the
Assembly that the Governor had been doing his best for the welfare of the
people of Sikkim. 82

The Gove::.11or of Sikkim was- criticized by th~ Sikkim Janata Parishad


lea.ders during the October election in 1979. They aUeged that the Governor
was involving himself in party politics by helping the Kazi's Janata Party. 83
170

The leaders of the Sikkim Janata Parishad, Sikkim Congress(R) and the
Sikkim Prajatantra Congress, seemed at times to be critical of the role of the
Governor. But in a period of transition the role of the Governor could not have·
been otherwise. Though Sikkim was made a constituent State of India, its
problems and conditions were quite different from those of other States of
India. To grasp the situation, to channalise its working in the constitutional
path, to organize and reorient the system, all required a leadership at the helm
of the Government which perhaps B.B. Lal alone could have given. B.B. Lal
can well be described as the Chief architect of what Sikkim is today. It was at
the most critical juncture in the history of Sikkim that he took over as the Chief
Executive of the State." Turmoil, violence, political intrigues, all made the
politics and administration in Sikkim a mess. "Lal soon brought the situation
under control, restored the confidence of the people, streamlined the
administration and geared up development activities." 84 As a Governor, he also
played a very important role in the development of the State. He had taken
pains to understand the problems of Sikkim and had taken a keen interest in
solving them. He had a good team of cooperative members in the Cabinet, and
the debate on constitutional. power and position had not retarded the
functioning of the Government. So far as the process of decision-making and
formulation of public policy in the context of the Governor's special powers
were concerned, it was given to understand that the Governor had always
consulted the Cabinet before making any policy-decision. It was pointed out
that the political leaders were quite capable of understanding the . local
problems and the Ministers were capable of taking political decisions. So far as
the working of the Government was concerned, it was mentioned that Sikkim
had already a set pattern before it, and the Ministers and the bureaucrats;
though g:adually, but steadily followed it. Problems were there, but through
cooperation and discussion they were sought to be solved.

The relation between the Governor and the Cabinet during Kazi' s time
had been very cordial but the picture had changed after the formation of the
171

new Ministry under the leadership of N.B. Bhandari. The Parishad leaders
before the formation of the Ministry opined that .they would request the
·Government of India to recall the State Governor. 85 Mr. Bhandari, before he
became the Chief Minister, told. that if the Governor did not work contrary to
the wishes of the Cabinet and if he continued his activities strictly within the
constitutional limit, they might not claim for his removal. In April, 1980
Bhandari told ·that the Ministry had made the Governor to remain as a
constitutional Head. "We have our jurisdiction, and the Governor has his own.
We will not allow the Governor to interfere with our matters. 86 In fact, the
relation between the two had become cold. From time to time, it had been
alleged that the Governor was involving himself in politics in the State. Many
people in Gangtok believe that the Cabinet under the Chief Ministership of
N.B. Bhandari has tried to precipitate the conflict with the Governor so that
they can create pressure upon the Central Government in getting him replaced. 1

In his meeting with the Prime Minister and the Home Minister Bhandari is said
to have demanded the removal ofB.B. Lal and preferred "a politician Governor
-as opposed to hureaucrat." 87

In January 1981, Homi J.H. Taleyarkhan succeeded B.B. Lal as the


Governor of Sikkim. A seasoned politician, Taleyarkhan has a variety of
experience as Pradesh Congress leader, as Cabinet Minister of Maharashtra, as
an Indian Ambassador to Libya, etc. The new Governor is also said to have
taken a keen interest in the development of the State. It is said that the
' Governor by virtue of his personal influence succeeded in materializing the
visit of a number of Union Ministers in Sikkim. But the Cabinet, it is reported,
has already come in conflict with the Governor. "The change in the relationship
between the Governor and the Chief Minister within a short period of about a
year is puzzling to the people here. Taleyarkhan used to be the best political
advisor of Bhandari. It is an open secret that Bhandari to wind up his erstwhile
regional party, Sikkim Parishad, and merge it in Congress (1)." 88 The relation
between Governor and Chief Minister during the tenures of B.B. Gooroong,
172

S.M. Limboo and Pawan Chamling seem to be cordial. Since 1994 Pawan
Chamling has promoted good relations with about four Governors.

The Council of Minister

Kazi Lhendup Dorji' s ministry was not believed to be composed of very


gifted political personalities. Except Kazi himself and Nayan Tsering Lepcha
none other had experience of running the Government. Only one member was
graduate. Most of the others read upto school level. 89 Some of them were not
also veteran forefront leaders like Kazi or N ayan Tsering Lepcha. With this
background, in a complex machinery of governmental process, the
inexperienced Cabinet members became dependent upon the Governor and the
bureaucrats for matters of policy decision and execution. So far as the routine
procedures were concerned most of the Ministers opined that they consulted
their officers often before taking any decision. Some of them also admitted that
they were enormously helped by officers, most of whom were cooperative. The
Chief Minister pointed out that there was a Board, consisting of the Chief
Secretary,. Finance Secretary and the Establishment Secretary. Whenever any
difficulty arose regarding administration, policy formulation, or execution of
the policies, the matter was referred to the Board and the Chief Secretary was
to report to the Cabinet about their findings and Suggestions. Some senior
officers denied that there was any such Board; they, of course admitted that on
any important matter relating to Establishment Department or general
administration, the three Secretaries used to sit together and decide upon the
matter. After the discussion, they used to communicate their suggestions to the
Cabinet. One of the senior officers pointed out that a s a routine procedure he
had to project policy matters, relevant rules, procedure, orders, etc., for the
consideration of the Cabinet. He used to suggest policy also to the Cabinet, it
was for the Cabinet to accept or reject that.

During the first phase of the new Government the role of the officers
and the relation between the Cabinet and the bureaucracy had not altered very
173

much. The inexperienced, young Ministers, it was given to understand, relied


much upon the officers as their predecessors. The only difference was the
prejudice of the present Ministers towards the officers on deputation. At
present administrators and Chief Minister heading council of Ministers
function in accordance with the rules and expectations without much of
reshuffle and misunderstanding.

The Chief Minister

.The first Chief Minister, it is alleged, relied much upon the officers on
deputation, which annoyed a considerable number of officers, particularly the
senior Sikkimese officers. It was alleged that the officers used to go to the
Chief Minister with the files, which he often refused to sign without consulting
an officer on deputation. It is said that a few officers became disgusted and to
avoid embarrassment they stopped going to the Chief Minister on their own.

Kazi Lhendup Dmji had often been described as a "prisoner of


indecision". 90 One of the members of the first Assembly said- "people can not
take advantage of the simplicity of our Chief Minister and make him sign on
papers blindly. The Cabinet Ministers and officers should not be given such
free hand but made to realize their resporsibilities". 91 During the emergency,
Kazi could maintain the integrity of the Cabinet. But later the heterogeneous
interests generated conflict within it. Kazi said that he believed in collective
responsibility and used to decide things unitedly in the Cabinet. To an enquiry
as to how many decisions he had taken himself which were later ratified by the
Cabinet, the Chief Minister answered that no such case arose. Still, the
dissenting Cabinet members accused that Kazi Lhendup Dorji had developed
the habit of avoiding problems. The former Speaker, late C.S. Roy, once said
that Kazi was intolerant of the promising and upcoming party-men. 92 b any
case, it is usual for the opponents to find fault with Kazi but it can not be
denied that he fought throughout his life of democracy. His contribution to
Sikkimese politics can hardly be exaggerated. He was once the father figure of
174

Sikkimese politics and after Sikkim's merger he was perhaps the only leader
who could have given Sikkim a trustworthy leadership. He is respected by all
for his honesty and integrity.

On several occasions Kazi' s Cabinet became divided. It was divided on


the issue of land reform, on the issue of citizenship and finally on the issue of
' Bill No.79 which ultimately gave the fatal blow to the Ministry.

The Ministry formed after the election of October, 1979, under the Chief
Ministership ofNarbahadur Bhandari, showed uneasiness in the perspective. of
hostile forces inside and outside Sikkim. The extreme attitude of the Janata
Parishad later Congress (I), exposed during the election, initially put the
Cabinet in a disadvantageous position vis-a-vis the Central Government. The
leaders had to mend their ways abruptly and to adopt a different attitude
particularly with regard to the Central Government, deputatinists in the State
Government service, plains people, etc. The Cabinet was composed of quite
young, new and inexperienced leaders with at least one positive side, their
education, in their credit. The strain within the Cabinet was not also less
because of the moves and countermoves of the Bhutia'"Lepcha lobby and the
Nepali lobby. This is a legacy of the Sikkimese politics which Kazi Lhendup
Dmji had also to carry and whose inheritance had come upon the Bhandari
Ministry also. Perhaps, Bhandari is feeling the fever more l:).cutely ~han Kazi. It
is an open secret that the Sikkim Congress (I) has developed groups and it has
its reflection in the Cabinet also. Bhandari ever admits that there are certain
issues which are too delicate for the Cabinet to decide upon. The Chief
Minister, in fact, is balancing the demands within and outside the Cabinet.

The ethnic heterogeneity of the structure of the executive - the Cabinet


and the burea~cracy, the conflicting demands of the ethnic groups within this
structure have been the burning problems of the organization. Inexperienced
young leaders are coming up at the helm of the organization. Their dependence
upon the experienced senior bureaucrats will be obvious. Ethnologically the
175

divided bureaucracy causes no less strain on the working of the executive. Kazi
Lhendup Dorji was accused of protecting the rights of the Bhutia-Lepchas at
the cost of the Nepalese. The Bhandari Government also, in the first phase had
been criticized on the same charge. Kazi was accused of pursuing the policy of
divide and rule. The Bhandari Cabinet also is being the same charge. The
mutual fear and distrust found among the ethnic groups and their attitude
towards the Central Government, the two moving forces of politics in Sikkim,
have their reflections on the executive also.

The Government of Pawan Chamling with transparency m


Administration from 1994, functions on extending adequate democratic
freedom from the grass roots, promoting cordial Centre-State relations,
Governor-Chief Minister relationship and the Ministers and Bureaucrats.
176

Notes and References

1. C.U. Aitchison. "A Collection of Treaties, Engagements, and Sanads


relating to India and Neighbouring Contras." Vol. XII, Part-II, p.66.

2. Sikkim -A concise Chronicle, p. 18, Gangtok, Govt. of Sikkim Publication.

3. Sinha, N.C, "Chogyals of Sikkim" Bengal Past and Present, Vol. XCIII,
· Part-I, No.175, January -April, 1974, p.4.

4. Sikkim - A Concise Chronicle. p.18. Op. cit.

5. Administration Report of the State of Sikkim for the year 1908-1909,


Chapter-I, p. 1.

6. Ibid, for the year 1915-1916, Chapter-!, p.l.

7. Ibid, for the year 1917-1918, Chapter-I, p.l.

8. Ibid, for the year 1918-1919, Chapter-I.

9. Ibid, p.3.

10. Ibid, for the year 1930-31, p.5.

11. Ibid, for the year 1934-35 and 1935-36, p.8.

12. Ibid, for the year 1934-35 and.1935-36, p.9.

13. D.Dadul, "A Short History ofSikkim ",(a manuscript, Gangtok).

14. Ibid.,

15. P.P. Karan and W.M. Jenkins Jr., The Himalayan Kingdoms_: Bhutan,
Sikkim and Nepal, Princeton, 1963, p.59.

16. Op. Cit. No.2, p.19.

17. Administration Report, Op. Cit.7 no.8.


177

18. Administration Report of the State of Sikkim for the year 1933-34, p. 31.

19. Ibid, p.32.

20. Ibid, for the year 1934-35, and 1935-36, p.49.

21. Sikkim Government Communique, Gangtok, dated the 7th June 1949.

22. Notification No.836-1335/P.S. Office of the Private Secretary to H.H. the


Maharaja of Sikkim, dated Gangtok, the 11th August, 1949.

23. Press note dated 20.3.1950, issued by the Ministry of External Affairs,
Government of India.

24. The Proclamation ofH.H. the Maharaja of Sikkim, dated 23rd March, 1953,
Gangtok, Darbar Press.

25. Ibid.

26. Ibid.

27. N.K. Rustomji, Enchanted Frontiers, Sikkim, Bhutan and India's North
Eastern Borderlands, Oxford University Press, Calcutta, 1973, p.l42.

28. Proceedings of the Sikkim Councii, dated 25th January, 1971.

29. Ibid.

30. Sikkim Darbar Gazette, Ex-Gazette, No.2, dated 26.2.1959, Gangtok,


Darbar Press.

31. Sikkim Darbar Gazette, Ex-Gazette, No.21, dated 31.5.1967, Gangtok,


Darbar Press.

32. Sikkim Darbar Gazette, Ex-Gazette, No.31, dated 5.7.1970, Gangtok,


Darbar Press.
178

33. Sikkim Darbar Gazette, Ex-Gazette, No.31, dated 26.3. 1973, Gangtok,
Darbar Press.

34. Home Department, Office order No.S/444/58, Sikkim Darbar Gazette, Vol.
VIII, No.10, Gangtok, March, 1958, Gangtok, Sikkim, Darbar Press.

35. Sikkim Darbar Gazette, Ex-Gazette, Vol. VIII, No.10, Gangtok, March,
1958.

36. Home Department Order No.S/48/67; dated 3rd June,1967, Gangtok,


Sikkim Government Press.

37. Ibid.

38. Ibid.

39. Ibid:

40. As narrated by B.B.Gooroong.

41. Proceedings of the Council, dated 29th November, 1961.

42. Ajko Sikkim, Bulletin No.2 of the Sikkim National Congress, dated
26.1.1972.

43. Administration Report, Op. Cit., no.5.

44. Administration Report, Op. Cit., no.5.

45. Administration Report, Op. Cit. No.8.

46. Administration Report Op. Cit. No. 11. p. 7.

47. Administration Report, Op. Cit. No.ll, pp.7-8.

48. Sikkim State Service and Provident Fund Rules, Part-IV, rule 56. p.14.
179

49. Service Rule No.152A, as amended on 20.8.1945, Gangtok, Sikkim


Government Press.

50. Ibid, as mended on 8th September 1950.

51. Notification No.2883/LF, Government ofSikkim, dated 17.9.1949.

52. Coelho, V.H., Sikkim and Bhutan, Vikas, Delhi., p.44.

53. Office Order No.S/76/54 dated 22.11.1954, Sikkim Darbar Gazette, Vol.
IV, No.5 & 6, October-November, 1954.

54. Notification No.l48/S.C. dated 26.3.1973, Sikkim Darbar Gazette, Vol.


XXII, No.lO, March, 1973.

55. Office orderNo.S/75/54, dated22.11.1954, Sikkim Darbar Gazette, Op.


Cit., no.53.

56. Op. Cit., no.52.

57. Office OrderNo.S/315/55 dated 15.2.1956, Sikkim Darbar Gazette, Vol.


V., No.9 February, 1956.

58. Office Order No.A/91 dated 5.11.1957, Sikkim Darbar Gazette, Vol. VII,
No.6 November, 1957.

59. Sikkim Darbar Gazette, Ex-Gazette, No.13 dated 8.5.1971.

60. Op. Cit., No.27. p.143.

61. Sikkim Darbar GazetteEx-Gazette, No.1 dated 25.6.1970.

62. Op. Cit.7 No.52. -

63. Darbar Gazette Ex-Gazette, No. 11, dated 4.4.1965.

64. Sikkim Fortnightly, Vol. VI, No.5 & 6 dated 10.7.1972.


180

65. Darbar Gazette Ex-Gazette, No.22, dated 5.12.1972.

66. Justice A.M.Bhattacharjee, '~Laws ofSikkim- Orders of the former Ruler".


Sikkim LawJournal, Vol. 2, No.1, January-March, 1978, p.l.

67. Government ofSikkim Act, 1971, Chapter II.

68. Ibid, Chapter III.

69. Ibid, Sub-Section 3 of Section 20.

70. Darbar Gazette Ex-Gazette, No.l5 dated 19.3.1975.

71. "Control over Departments", "The States man, dated 4.4.1975.

72. Darbar Gazette Ex-Gazette, No.2 dated 23.7.1974.

73. Datta Roy S.K., "A new State is born-11", The Statesman, dated
28.4.1975.

74. Ibid.

75. Times of India, dated 4.11.1974.

76. Amrita Bazar Patrika, dated 1.11.1974.

77. Datta Roy S.K., "New· Order in Sikkim -II. The need for early
reconciliation." The Statesman, dated 5.5.1974.

78. Ibid.

79. Darbar Gazette Ex-Gazette, No.12 dated 21.2.1975,Gangtok, Sikkim


Darbar Press.

80. Ibid. Ex-Gazette, No. 15 dated 19.3.1975.

81. Proceedings of the Sikkim Legislative Assembly, October, 1976, Gangtok


Sikkim Government Press p.43.
181

82. Ibid, March, 1978, p.85.

83. Sikkim Express, Vol. III. No.107 dated 8.10.1979.

84. Broader News and Views, Vol. I No.1, October, 1977, Gangtok,
Impression, p.9.

85. Sikkim Express, Vol. III. No.112 dated 16.10.1979.

86. "Sengupta N. State Government and Politics: Sikkim, New Delhi, Sterling.,
p.240.

87. Wanted Politici~n Governor? Sikkim Express, Vol. IV. N~.66, July, 18;
1980.

88. "Widening Gulf Between Governor and Chief Minister," The Nation, Vol.
III. No.45, February 10-12, 1982.

89. The Nation, dated 6.1.1979.

90. Broader News and Views, Vol. I, No.2, November,1977, Gangtok,


Impression. p.36.

91. Proceedings of the Sikkim Legislative Assembly, March, 1978, Gangtok,


Sikkim Government Press, p.317.

92. Broader News and Views, Vol. I, No.5 February, 1978, Gangtok,
Impression, p.34.
182

Administration In Sikkim

Sikkim has a history of administration and modernization of its


administration. The origin and growth of systematic administration in Sikkim
can be traced back to the British Indian Administrative Control established in
the last part of the Nineteenth century as a consequence of its 'forward policy'
in Tibet. But the rate of growth, transformation and modernization of
administration in Sikkim between 1947 and 1973 was slow and gradual.

During the reigns of Namgyal dynasty, the traditional political system


involved an intricate devolution of administrative powers and functions, which
have been characterized as feudal. The Maharaja of Sikkim was vested with
absolute authority and the Government was functioning more like a private
estate. The King at the Central level was consisted by an official designated as
'CHANDZOH' meaning a Confidential Secretary and a personal attendant
called DRONYER (introducer of guests or visitors). In Sikkim initially there
was no departmental system of administration but the Chandzoh and Dronyer
help assisted the King. The regional and local administration was vested in the
District officers known as 'Dzongpons' and for the administration of the
Private Estates the Kazies (Kajis).

The appointment of Political officer in the year 1888/90 by the


Britishers led to the reorganization of Political power and administrative
structure in Sikkim. A number of departments headed by officers were
established. The traditional council 'Lhadi Medi' was replaced by a 'State
Council', which had in the beginning five members only, i.e., the Kazies and
the head lama of Pemayangtse Monastery. Later the Council was expanded by
including representatives of Nepali Thikdari families.

The State Council was not exercising administrative powers directly but
it was a consultative body and the political officer at his discretion sought its
advice on important policy decision. The Kazis and Thikadaris were
functioning in the capacity of district officers. The General Secretary and the
183

personal Secretary of the Maharaja were also appointed as Councillors. Further


dicial Secretary administered the Courts, jails, monasteries and educational
institutions. The Financial Secretary was responsible for Government revenues.
Later on a Home Secretary was added who assumed authority over some of the
Departments previously allotted to the General judicial Secretaries. Besides,
there was a separate forest service and a private secretariat for the Chogyal.
The personal assistant to the Chogyal was one of the officials of the Sikkim
Government service since he was a member of the British Indian Foreign
Service deputed to Sikkim as an Advisor to the Maharaja and to protect the
interests of the Sikkimese. The post of personal assistant was abolished since
he had a disagreement with the political officer. As a result the Maharaja had a
personal secretary from Sikkimese to head his private Secretariat.

The post Independent India had its impact on Sikkim and there was a
turmoil arid confusion. However, efforts were put to bring about order and
coherence in administration and stop politicization of officials. The new Chief
Minister in 1949 prepared Sikkim Government Servants conduct Rules which
stopped Government servants to stop taking part, subscribe, and aid or assist
any political party in the country and outside. In this direction the first move
was the appointment of three Sikkim State Congress leaders as Secretaries to
His Highness by Maharaja in 1948 in order to associate the newly emerged
political forces in Sikkim with the administration. It did not give fruitful results
therefore the first attempt was made to democratize administration on the basis
of political reforms by the Durbar betWeen 1947 and 1950. The popular
Ministry led by State Congress approved to it. A disagreement between the
Durbar and the Ministers arose regarding authority over the Departments of the
Secretariat. The Durbar ordered the Ministry to function as an advisory body to
the ruler but the Ministers demanded decision making powers along the lines of
responsible Cabinet form of Government. In the meanwhile the then Chief
·Minister issued an order red~Jcing the house tax and that resulted in the
dismissal of the Ministry within a month. This incident paved a way to appoint
184

an Indian official J.S. Lall to head the administration and to solve the crisis.
The prime objective of Lall was to reorganize the administration after taking
over administration as Prime Minister (Dewan). The designation or the title of
the Indian official who headed administration kept on charging as Prime
Minister to Dewan to Principal Administrative Officer to Sidlon without any
cause or significance.

When Dewan Lall appointed there was only one Financial Secretary.
The other three Secretaries resigned no sooner the State Congress Ministry was
appointed. In their place the Dewan designated four officiers-in-charge to head
various departments along with an Office Superintendent to coordinate various
departments and the office of the Dewan.

The most effective and substantial step in the direction of reforming and
rationalizing administration was the formation of an Executive Council for the
first time in 1953. Under this, a dyarchical system was established. Certain
departments were to deal with 'transferred subjects' while the remaining
Departments were 'reserved' for the Secretarial officials, Education, Press,
Publicity, Forest, Agriculture, Public Works, Bazaars, Excise, Licensing of
vehicles were transferred subjects and the reserved category included civil
service (establishment), ecclesiastical (lands of Buddhist monasteries and
shrines), Sikkim Nationalised Transport, Police, Finance, Land Reform and
Panchayats.

By the year 1954 N.K. Rustomji was made Prime Minister and for the'
first time simultaneously the post of Chief Secretary was also established to
supervise the administration of reserved departments. To coordinate
development programmes and prepare new plans a development. Secretariat
along with a Development Commissioner was also created. The development
Secretariat consisted of the Chief Minister, Chief Secretary and the
Development Commissioner. The above type of administrative set up
continued from 1955 to 1973. The only major development in the later period
185

was the establishment of Panchayat system in Sikkim. The transferred


Departments were administered by the directors and the reserved departments
were handled by the Secretaries. The two sections wer~ coordinated by both
Chief Secretary and the Executive Councillors, linking them to the Maharaja
through the Chief Minister. The Chief Minister was the head both branches of
transferred and reserved Departments and administration. In spite of the
presence of the above administrative machineries there was an alleged lack of
coordination between the reserved and transferred departments under diarchy.
The Dyarchical system resulted in the duplication of efforts, overlapping of
powers and composition between the reserved and transferred departments
leading ultimately to a confusion. The dysfunctional aspect of diarchy was
mainly because of the concentration of authority with His Highness Maharaja
and the Prime Minister counter-acted and the cost of initiative and willingness
to assume responsibility for decision-making at the lower levels of
administration.

Since 1955 a kind of stability of administration started. The first step in


this direction was to check the appointments and powers exercised by the Chief
Minister- who happened to be an Indian Official. The Maharaja was given the
power to select the official in consultation with the Indian Government and was
appointed to the post. But there was no expressive provision that the Chief
Minister must be an Indian official but as the member of ICS or lAS or Indian
Frontier Administrative Service or External Affairs Ministry. It was mostly a
post of deputation from Government of India to Sikkim. Later the post of
Dewan or Chief Minister was designated as Principal Administrative Officer
(PAO) in the year 1963 with certain changes in the exercise of his powers. The
Chief Secretary and the Departmental heads submitted paper directly to the
Palace Durbar then through the Chief Minister, inspite of the fact the Maharaja
consulted him. The appeals from court decisions were transmitted to the
Maharaja and the Principal Administrative Officer did not exercise the powers
186

of judicial review as the Dewan was enjoying earlier. By 1970 the designation
Sildon further reduced the powers and status of the PAO.
187

Government of Sikkim
Administrative Chief (upto 1970)

I
His Highness Maharaja

Chief Minister

Senior Executive Councillor Chief Executive Councillor


Secretary

Director Director Chief Chief OSD Chief Engineer Executive Executive Secretary
Agriculture Education Medical Forester Publicity Public Works Officer Officer State
Officer Bazaars Excise Transport

I I
~cretary Secretary OSD Police Secretary Secretary Secretary Development
- Chief Land Publicati Com miss Establish Ecclesial Finance Commissioner
Panchayats Revenue ons ioner ment
A.O.

I
District District District District Planning Officer Finance
Officer Officer Officer Officer Advisor
Eastern Northern Southern Western
I
Sikkim Sikkim Sikkim Sikkim
I
District DDO DDO DDO.
Development South West East
Officer DDO
~

Source: Rose. Leo E 'Modernizing a Traditional Administrative System, Sikkim 1390-1973' Fisher J.F. (r:d) Himalayan Anthropology,
The Hague, Paris, Mouton, 1978. p.21.1 & Sikkim, Administration Report of the Sikkim State; For the year 1931-32, Kalimpong, Mani
Press, 1935, pp.2-6.
188

Though not part of Sikkimese administrative service the Political Officer


had an important role in the decision-making process along with the Maharaja
even on those subjects in which India had no direct responsibilities. The main
reason was due to large subsidized Sikkimese budget by India. Further the
Indo-Sikkimese treaty placed responsibility for Sikkim's defence,
communications and foreign relations with India. Thus the Political Officer
was the coordinating agency and contact man with Sikkim on these matters.
The external relations were conducted by the offices of the Chief Secretary and
Political Officer of Gangtok. The Political Officer . was commanding
ambassadorial grade and the Chief Minister were confined to administrative
service. It is also interesting to note that a large number of higher posts were
held by Indians in 1968 viz. The Director of Agriculture, Director of
Education, Chief Engineer, Chief Medical Officer, Development
Commissioner. These officers were brought from India because very few
Sikkimese had required qualifications and experiences. Naturally some
resentment was there for having given high posts to Indians and the
replacement by Sikkimese officials was not feasible. This process led to the
move for Sikkimisation of the administration and the Bhutias, Lepchas and
Nepalese had been made part of the Sikkimese Bureaucracy because of the .
events of 1973 and 197 5.

The widespread public disorders broke out supported by political parties


in 1973 following the election of State Council. Law and Orders in the country
deteriorated to the point where Chogyal finally agreed to request the assistance
of Indian Armed Forces to reestablish the authority of the Government.
189

NUMBER OF DEPARTMENTS IN GOVERNMENT OF SIKKIM IN


THE YEAR 1955

1. Agriculture and Rural Development

2. Horticulture

3. Animal Husbandry

4. Forests

5. Cooperation

6. Minor Irrigation Works

7. Power

8. Cottage Industries

9. Development of Mineral Resources

10. Roads and Bridges

11. Road Transport

12. Education

13. Medical Public Health

14. Communications

Source : Sikkim, Sikkim Development Plan, Gangtok, Sikkim Durbar


Press, 1955.

Number of Departments in the year 1961 were 17 and they are;

1. Agriculture

2. Irrigation

3. Animal Husbandry/Dairying

4. Forests

5. Fisheries
190

6. Cooperation

7. Industries/Cottage Industries

8. Roads

9. Road Transport

10. Tourism

11. Education

12. Medical and Public Health

13. Housing

14. Publicity

15. Culture

16. Government Press

17. Planning Department

Source : Sikkim, Sikkim : Facts & Figures, Gangtok, Sikkim Durbar


Press, 1963.

The May 8, 1973 Agreement signed among the representatives of the


Palace, the Political parties and the Government of India brought certain
changes in both electoral and administrative systems. As a result the Prime
Minister termed as the Chief Executive was appointed by the Chogyal. The
dyarchical administrative system was also abolished. The elected Assembly
was granted the authority to propose and pass laws concerning all departments
of the Government except the Chogyal and members of the royal family; and
matter pending before the Court of law; the appointment of the Chief Executive
and members of the Judiciary and any matter relating to the responsibilities of
Government of India and Sikkim. The Chief Executive exercised authority over
administration with an exception on Palace establishment and the Sikkim
Guards. He was the Presiding Officer over both elected assembly and the
Cabinet (Executive Council). Rest all unspecified have to be submitted to the
Chogyal for his approval. The Chief Executive had the power to tackle any
emergent situation and such an act was to receive the approval of the Chogyal
later on whq never refused to ratify the same.

The Chief Ministerial status of the Chief Executive was enhanced because
he had the power to advice the Chogyal in the appointment of Members of the
Council. It was thus the Parliamentary Constitutional Monarchy was introduced
in Sikkim. The 1973, May 8, Agreement reduced the powers of Chogyal of
Sikkim.

The control and initiative power of the Chogyal were also reduced to a
minimum extent. The Chief Executive emerged as a real head of the
Government. The differences of opinion between the Chief Executive and the
Chogyal were resolved through the Political Officer with Government of India.
The 1974, 34th Amendment Act made Sikkim an associate State of India and
36th Amendment Act finally made Sikkim a part of the Indian Union.

The Post Merger Period : The Sikkim Government Rules of Business vide
'
notification no. H(GA) XIV/75/14 dated 16, May 1975 stated that - "The
Governor of Sikkim was pleased to make the Sikkini Government Rules of
Business conferred vide clause 3 of Article 166 of the Constitution of India.
According to which each department of the Secretariat shall consist of the
Secretary to the Government of Sikkim who shall be official head of the
department and of such other officers and servants .subordinate to him as the
State Government may determine. The work of the Department may be divided
between two or more Secretaries. A Minister in charge of a Department shall
be primarily responsible for disposal of the business pertaining to that
department. Further no Department shall without previous consultation with the
Finance Department authorise any orders. The Finance Depaiiment shall after
previous consultation with the Home Department, any orders which relate to
number of grading or cadre of posts or other emoluments or other conditions of
service or ·p9sts; involve the addition of posts or abolition of a post from the
. 192

public service or the authorised emoluments of any post; involve the sanction
of allowances or special or personal pay for any post or class of posts; involve
an expenditure for which no provision has been made in the Appropriation Act,
etc.

The Chief Secretary shall appoint the Council and shall be presided over by
himself. The Secretary to the Council shall prepare a record of the decision.
The decision of the Council relating to each case shall separately recorded and
after approval of the Chief Minister shall be placed with the record of the case
.and a copy of the approved draft shall be sent to the Governor.

The Departmental disposal ofbusiness comprises ofGeneral rules, Finance


Department Rules, Rules of Law Department and Special responsibilities of the
Governor.

The Special responsibility of the Governor runs thus where the Government
has, in the exercise of special responsibility under clause (g) of Article 371 (F),
pass any order, or call for any case, paper, report and the person concerned
shall comply with such requisition without delay. In the same way with effect
from 16th May 1975 the entire provisions of the Constitution of India was
applied in the State of Sikkim vide first Schedule of the Gazette Notification
No. H(GA) XIV/75114 dated May 16, 1975 1•

Notes and References

1. The author thanks the Department of Personnel, Administrative


Reforms and Training, Government of Sikkim, Gangtok for having
provided details with regard to Administration in the state.
193 "

Panchayatiraj in Sikkim

The Political and administrative aspects of the concept of democratic


decentralization seek to explain and widen the extent of peoples participation,
authority and autonomy and distribution of powers. The main objective of
democratic decentralization is not only to project dispersal of powers and
associate the people with local administration but to recognize the people's
right to initiate and execute policy decisions at a given grassroots level. It is a
process and is associated with the idea oflocal government. To substantiate the
above view . the Panchayatiraj provides democratic decentralization as a
political ideal and the system itself as its institutional form. India after
independence was inspired by Gandhi's school of thought which believes in
traditional and rural basis i.e., from below by establishing self-governing
villages and to retain values of rural life. Article 40 under Directive Principles
of State Policy of the Constitution of India stipulates that, the State shall take
steps to organize village Panchayats and enable them to function as units of
self-government.

The traditional democratic local institution of 'DZUMSAS' were


existing in Lachen and Lachung areas of North Sikkim for more than 350
years. Prior to 1948 the Zamidari system was prevalent on abolition of the
Zamindari system there were village headmen called 'Mandai' employed for
collection of land revenue. Along withr Mandals as heads, informal bodies of
village elders used to look after the affairs of the vill~ges. In the initial period
of development local bodies in the structure of Managing Committees were to
run schools and also to execute other social activities in the villages of Sikkim.

According to Shri Sonam W angdi, Advisor to Government of Sikkim, in


the past there were no codified rules and regulations to guide the affairs of
villages in Sikkim . As pointed out earlier, nevertheless, Sikkim had its own
Councils which were called 'GYEME' (village elders) in the Sikkimese
language. It was known as 'Panchayat' in Nepali. The head of the GYEME was
194

called 'KHYOMEE'. The Gyeme was primarily concerned with trying of petty
village cases referred by judicial authorities but not with Welfare activities.
(Wangdi Sonam, "The Panchayat System in Sikkim, Sikkim Herald Vol. 11
No. 129 & 130 July 25327, 1970, Gangtok, Sikkim Government Press, 1970).

In order to recognize the Panchayats in 1948, the Sikkim Government


constituted Elakha Panchayat Tribunal in every estate consisting of a landlord
and Government recognized Panchayat of four villagers of the estate. They
were elected by the people. The Panchayat Tribunal was empowered with Civil
powers to her suits upto a value of Rupees one hundred only. The criminal
jurisdiction was confined to affray, spreading diseases, fouling water, simple
injuries, assault, theft, wrongful restraint, criminal force, misappropriation,
criminal breach of trust money amounting to less than Rs. 10/- only, mischief
to property and person, insult and abuse and misconduct by a drunken person.
For these the criminals have to inflict sentence of fine to extent ofRs. 25/- only
(1). This notification was subsequently reaffirmed by another notification (Z).

Here it should also be recollected that in order to try civil and criminal cases in
which British subjects were defendants a Council known as Indian Panchayat
was established.

Between 1940 and 1950 the Sikkim State Congress demanded the
village Panchayats transfer of powers from landlords to them. By 1948 a
Panchayat Tribunal consisting of a landlord and four villagers of that estate was
formed. A provision was made for election of 4 members in a meeting of the
block people. This move did not sustain because of confrontation between
Darbar and Sikkim State Congress.

After independence of India the Status quo in India - Sikkim


relationship was maintained by Indo-Sikkim Treaty 1947 and 1950 which
. '
reiterated India's willingness to assist Sikkim in. its development and good
administration. But there was no mention about Self-government for Sikkim in
the treaty (see Appendix-X).
195

In order to build up democracy from the grassroots it was considered


necessary to establish Panchayati System especially for land management. The
Illakha system was prevalent in Sikkim since long and was managed by
Illakadhars who possessed both administrative and judicial powers. It was
similar to that of Zamindari system.

Under the Indo-Sikkim Treaty 1950 both Sikkim and India agreed for
positive association of the people in the governance of the State. Accordingly
the village Panchayats were established all over Sikkim and local area
Panchayats came into existence by 1951. It elected 5 members subject to
approval by the Darbar in order to perform certain Social functions. The
Panchayats gained more momentum by 1950 March. The Political conference
held at New Delhi which was attended by the Crown Prince Palden Thendup
and also by State Congress, National party and Praja Sammelan Party.

The presence of Panchayati Raj system can be traced from Praj a


, Sudharak Samaj led by Tashi Tshering, the first Chief Minister of Sikkim
(1949), Praja Sammelan led by Goverdhan Pradhan and Dhan Bahadur Tewari
and Praja Mandai led by Kazi Lhendup Dorji which pointed out the
improvement of the status at peasants in Sikkim. These three organizations
ultimately merged into Sikkiril State Congress which stood for the principle of
abolishing landlordism in Sikkim.

In order to consolidate the working and objectives of village


administration to increase participation of the people and to promote
developmental programme the Sikkim Panchayat, 1965 was enacted.

The Dzumsa, the assembly of the people prevalent in Lachen &


Lachu11g of North Sikkim was headman namely PEPON elected by adult
members drawn from each family. The Pepon was elected for a period of 2
years. In this context it is essential to point out that Sikkim is still retaining its
indigenous age old institutions and old laws in the transformation of Sikkim
196

from tradition to modernity and still cherishes over to safeguard the heritage of
glorious past.

The conference held in 1950 emphasised that village Panchayats to be


instituted on the basis of election and also to elect a council for the State which
shall progressively perform enlarged function. In February, 1951 election to the
52 village Panchayats were held and consequently forty four Panchayats were
elected. (Notification no. 1669).

East Sikkim: 18

West Sikkim : 26

There were two Tashils at this time namely, Gangtok and Namchi.
Gangtok included the North District and Namchi administered upto Gayzing.
Superseding the Notification 1669-1769/LF the Sikkim Darbar Gazettee 1951
laid down for the first time that the Panchayats should be elected for three
years/three year term to render welfare services (to their respective areas) like
establishment of Primary Schools, travelers' rest houses, wayside benches,
cattle pounds, to assess damages of crops by stray animals and also jurisdiction
in civil cases upto a value ofRs. 100/- (one hundred only).

Later on Sikkim adopted the single tier and Block Panchayat System
under the influence of Indo-Sikkim-Treaty in particular to Sarpanch. The entire
effort here was to increase the political participation and to associate people in
the governance of the villages in the State.

In 1954 the Panchayat election could not be held owmg to strong


political opposition ·as because no safeguards were extended to the indigenous
population. The end of the year 1955 heralded the beginning of a new chapter
in the history of Panchayati Raj in Sikkim in particular to the formation of
Panchayats. It witnessed the enactment of a comprehensive Panchayat Act,
1965(3) for Sikkim and from 1966, 213 elected Panchayats started functioning.
197

Under the Sikkim Panchayat Act, 1965 a single tier system covering 215
Panchayats including Lachen and Lachung was established. The Sikkim
Panchayat system is different from other States. The New Panchayat Act listed
the following functions of the Block Panchayat such as improvement of
agriculture, establishment and management of agricultural farms, crop
experiments to secure minimum standard of cultivation and construction of
compost pits, promotion of dairy farming, poultry and piggery, improvement of
cattle, organization of community programme, soil conservation, tree planting
and embarkments, construction of public latrines, sanitation, health hygiene
and conservancy, maternity and child welfare, promotion of cottage industries
and cooperatives, construction and maintenance of rural roads, bridges and
repair of school buildings, prevention and remedial measures of epidemics,
cultural activities, maintenance of burial and burning grounds, record of births,
marriages and deaths, improvement of Gorucharan, Khasmahal and reserve
forests, management of primary schools, rural water supply, work programme
for fullest utilization of man power, resources and such other matters. ·

In 1966 a Panchayat Department was created to perform and supervise


the above functions. It was headed by a Secretary and assisted by four Deputy
Development Officers and District Officers from four Districts. In this year the
first Panchayat election was conducted under the Supervision of the Chief
Secretary who was the ex-officio Chief Election Officer assisted by Land
Revenue Secretary. In this election members of 71 units were elected
unopposed and in the rest of the Panchayat units (142) a keen interest was
evinced by the villagers. Two lady members were also declared elected the
traditional assembly of the people of self rule known Dzumsha in Lachen
Lachung continued. The village headman namely the Pepon was elected by
adult members drawn from each family for a term of 2 years.

The Block Panchayat exercised besides other functions mainly judicial


powers to amicably settle a dispute by mutual agreement when a dispute was
referred to it by both parties concerned or District Officers. The Block
198

Panchayat was granted annual funds to carry out its normal functions. Between
1966 and 1970 ~he Durbar Government disbursed Rs. 1,93,004 among 213
Block Panchayats besides the expenditure on schemes in the villages allocated
under the five year plan. The Panchayats have rendered remarkable services
directly to their respective areas and to the Sikkimese nation as a whole. The
most notable such service was rendered in the natural disasters fund by Sikkim
in 1968. Therefore, the Panchayat Act, 1965 help fulfilled the noble Denjong
Chogyal Chempo's vision to make Sikkim a paradise on earth. It was further
hoped that the Panchayats will continue to serve the people and succeed
creating better villages for themselves and still better villages for generations
yet to be born.

The functions of the Panchayats are made responsible to Block


Panchayats with a views to obtain assistance from fellow villages, in case
refused, without sufficient cause, to comply with any demand for service made
on him or by her, the Panchayat in pursuance of its obligation, the Block
Panchayat may require that person to pay penalty not -exceeding double the
commuted value in money of his or her services that he or she may fail to have-
rendered.

The Panchayats were launched in accordance with the noble desire of


Chogyal. It was t,q see the people of'Sikkim to be associated with the shaping
of their common destiny, i.e. the rural people should be associated intimately
with the implementation of Sikkim's rural development programmes with a
view of fulfill the aspirations of the people. It was also to enable the people to
participate in -the common endeavour with willing and cheerful heart.

The second Panchayat election was held in April 1969. From the Block
Panchayats the Block Sabha was constituted and was consisting of adul~s along
with an Executive Committee. The Block Sabha besides other members
reserved 10 percent to the minority. These were approximately 13,000 voters
who elected 525 members. However, it consisted of 4 members including both
199

elected and nominated. The Block Panchayat was to elect a President, Vice-
President and a Secretary for a term of 3 years. The meeting was held once a
month. The minutes and the proceedings of the meetings were recorded in
Sikkimese (Bhutia) Nepali and English languages. These minutes were sent to
the District Panchayat Officers. The Block Sabha met once ·a year and was
attended by District Panchayat Officers.

Later on attempt was also made for involving the Panchayats in the
framing of district planning and the process of district planning was made
through District Planning Committee headed by the District Officer<4).

After merger of Sikkim with the Indian Union, the Panchayat Act, 1982
was enacted in April 1982 to govern the rural areas except the areas under the
jurisdictiqn of Gangtok Municipal Corporation, 1975 ·or the areas under the
Sikkim Bazaar Committees Act, 1969. The Sikkim Panchayat Act, 1982
provided for the constitution of a Gram Panchayat bearing names of Gram (a
village or a group of villages) and Zilla Panchayat bearing the name of district.
These were elected for a period of five years. It was also incorporated that the
State Government was to nominate one member each from Scheduled Caste,
Scheduled Tribe and Women (if they are not elected) to such Gram Panchayats
(s). That is to say the new Act provided for a two-tier Panchayat System namely
Gram Panchayat at the village level and Zilla Panchayat at the district level.

Each Zilla Panchayat will elect its own adhyaksha and Upadhyaksha
(President and Vice-President) from among the Sabhapatis of the Gram
Panchayat and elected members of the Bazar Committee. The Sachiva
(Secretary) was appointed by the State Government.

Unlil:e the old Panchayats the New Panchayats exerci3ed powers like
levying of t'!.xes, rates and fees with local bodies and to mobil.ize resources to
shoulder their responsibilities efficiently. They are to prepare their own budget
to be approved by the State Government. The Zilla Panchayat under the new
Act is empowered to impose taxes, rates and fees of its own in addition to the
200

contribution and grants received.from the State Government. It is to prepare its


own budget to be approved by the State Government.

According to new Act, 1982 there were 152 Gram Panchayats against
the 215 Panchayats existed before. The total number of Revenue Blocks have
been taken as separate Panchayat wards to elect their representatives as the
member of the Gram Panchayat. These 154 Panchayats elected 815 members
throught the State.

The District wise break up of Gram Panchayats wards and the numbers
ofMemb'ers to be elected are shown below:

Table 1.

District Gram Panchayats Wards Members to be


elected

East 44 119 229

West 48 111 262

South 44 135 232

North 18 41 92

Total 154 406 815

Source: Sikkim Herald, Vol. 26, No. 14, February 4, 1983.

The total members of each Gram Panchayat will not be less than 5 and
not more than 9 (6).

In pursuance to the 73rd Amendment Act, 1992, the State Government


enacted the Sikkim Panchayat Act, 1993 (The Sikkim Panchayat Act, 1993
[Act No. 6 of 1993]). This act extends to the whole of Sikkim except the areas
20i

which may hereafter be declared as or included in the Nagar Panchayat. This


act came into force in Sikkim with effect from lOth August 1995 along with
payment of honorarium to the members and Sabhapaties (?). Subsequently the
above act was awarded by the Sikkim Panchayat (Amendment) Act, 1995, (act
no. 10 of 1995) and The Sikkim Panchayat (Amendment) Act, 1997 (Act no. 5
of 1997). Similarly the Sikkim Panchayat (Conduct Election) Rules 1997 was
also introduced (S).

A Finartc.e Commission was ordered to be Constituted.Vide Notification


No. 35(1) 93-94/20/RDD/P dt. Nov. 3, 1995 by Rural Development
Department, Government of Sikkim to review the financial position of the Zilla
Panchay~ts, Gram Panchayats etc. along with resources available to them (9). In
pursuance of the above notification the Department of Personnel, Training and
Administrative. Reforms Constituted vide Notification No. 170(G)/DOP dated
23.4.1997 with Additional Chief Secretary Sonam W angdi as the Chairman of
the Commission. Later it was reconstituted vide Notification No.35(1) 93-
94/42/RDD/P dated 22.7.1998 with Shri S. Lama as Chairman and two other
members along with a deputationist from Central. Government to Government
ofSil4<:im. The Commission submitted its report in the year 1999(Io).
I

The ·Government of Sikkim decided to hold elections in the State of


Sikkim for the· purpose of Constituting new Gram' Panchayats in the State in
accordance with the provisions of Sikkim Panchayat Act; 1993 (based on 73rd
Amendment Act of The Constitution of India), Sikkim Panchayat Amendment
Acts, 1995 and 1997 vide Notification No. 43/Home/97 dated 4.9.1997.

There are at present altogether 159 Panchayat Units, 873 Gram


Panchayat members (including Women members) and 92 Zilla Panchayats in
the S~ate of Sikkim.

The Elakhas and Panchayat Units are as under: 1997 Election(ll)


202

Table 2.

Particulars East West South North

Elakhas 23 10 16 7

Block under 68 60 66 19
Panchayat
units

No. of Gram 48 49 42 20
Panchayats

Wards/Seats 269 263 242 100

Zilla Parishad, 27 22 23 20
Territorial
Constituencies

As compared to other elections of Panchayatiraj in Sikkim the election


held in 1997 is unique as because it was held as per the suggestions of 73rd
amendment act to the Constitution of India. Sikkim was the first State to extend
33 per cent reservation for women in this election besides usual reservations to
Scheduled Castes, Scheduled Tribes and other Backward Communities
similarly such reservations were made in the Zilla Panchayats too. The election
was contested by candidates on the basis of Party affiliation. The Ruling
Sikkim Democratic Front swept t~1e polls and rest of them belong to
independents. In many Gram Pancha.yat wards candidates belonging to SDF
declared elected uncontested. Another interesting aspect of 1997 Gram
Panchayat was the reservation of posts for Sabhapati and Up-Sabhapatis
belonging to SC, ST, OBC and unreserved.
203

The newly constituted Gram Panchayats and- Zilla Panchayats are to


perform various activities relating to agriculture animal husbandry, medical
and public health, non formal, adult education, supervision of primary schools,
VLO Centres of Land Revenue. Department, Minor irrigation works, Social
forestry. In order to ensure effective devolution of powers and functions to the
Panchayati Raj Institutions administrative cell headed by District Collector,
Finance and Accounts Cell, Technical Cell, Planning Cell, District Planning,
Committee and Budget etc. are introduced in the State of Sikkim.

Therefore, we may say that Sikkim before and after merger strengthened
local self government in the name of Panchayatiraj at the grassroots to build
strong village administration. In todays Panchayat system in Sikkim for the
development of villages the Ministers and MLAs of the region submit the
development programmes of the rural areas and thus play a vital role in the
District Planning Committee and decision making. Thus, the Panchayat has
been intended as an inter-alia to out a new form of co-operation and mutual
understanding between Sikkim administration, and the rural leaders on one
hand and the politics of Sikkim on the other.

Schedule "A"

"
List of Panchayat Units in East District, Gangtok

Sl.No. Elakha Block under Panchayat Unit

1. Pendam WestPendam

2. Pendam Central Pendam (Sajong)

3. Pen dam East Pendam Kamere Bhasme Panchc.<k

4. Sumin Lingje
-
5. Sumin Sumin, Mangthang
204

6. Pakyong Namcheybong

7. Pakyong Kartok, Dikling

8. Pakyong Chalamthang, Dikling, (Panchekhani)

9. Pakyong Lossing, Pancheykhani

10. Changey, Senty Changey

11. Changey, Senty Pachey

12. Aho Aho, Y angtam

13. Amba, Tarethang Taza

14. Amba, Tarethang Amba

15. Amba, Tarethang Tarethang

16. Pathing Thekabong, Parakha

17. Pathing Biring, Linkey

18. Pathing Machong, Riwa

19. Bara Pathing Lhatuk, Chuchenpheri

20. Chujachen Rolep, Lamaten

21. Chujachen Chujachen

22. Chujachen Lingtam

23. Chujachen Phadamchen


. 205

24. Rigu Prem Lakha, Singanebas, Subaneydara


'.

25. Rigu NorthRigu

26. Rigu South Rigu

27. Rhenock Dalpchen

28. Rhenock Dalpchen

29. Rhenock Aritar.

30. Rhenock Rhenock

31. Rhenock Tarpin

32. Rhenock Mulukey Sudunglakha

33. Paham Singtam Lingzey Chota Singtam

34. Paham Singtam ·Assam

35. Paham Sirtgtam Naitam Nandok

36. Paham Singtam Namok Paham Bhusuk

37. Thathangchen Rongneck Tathangchen

38. Thathangchen . Syari

39. Tadong Samdur Tadong

40. Tadong Sechagang

41. Tadong Burtuk Penlong


206

42. Ranka Ranka Parbing


,•

43. Ranka Luing


'

44. Ranka Sangtong Barbing Lingdum

45. Ranka Rhebrok Tempyek-Mendu

46. Ranka Sha-gyong Rumtek

47. Ranka Rawtey-Rumtek Chingzey

48. Rumtek Marchak Marchak

49. Rumtek Marchak Namin Timlabung Namli Chuba

50. Sang Martam

51. Sang Nazitam Tinkutam

52. Sang Challumthang Rabdang

53. Sang Chisopani Sakyong

54. Sang Sirwani N egethang

55. Sang Beng Pegyong

56. Khamdong Khamdong Budungthangsing Byang


I

57. Khamdong Dung ~ung Aritar

58. Khamdong Simick Lingzey

59. Khamdong Patuk Singbel


207

60. Sam dong ·chandey

61. Samdong Chandey

62. Samdong RaleyKhese

63. Samdong Samdong Kambel

64. Rakdong Tintek

65. Rakdong Rakdong

66. Rakdong Nampong Lindok .

67. Nabey Sotak Nabey Sotak

68. Gnathang Gnathang

List ofPanchayat Units in North District, Sikkim

Sl.No. Elakha Block under Panchayat Unit

1. Malling Tung Naga Meyong Singchit

2. Malling Sentam Kazer Pakdep

3. Malling Singhik Ringhim

4. Malling Nampatam Zimchung

5. Upper Zongu Barfok Lingdom

6. Upper Zongu Lingthem Lingdom


208

7. Upper Zongu Tingbong Tolung Sakyong Penthong

8. Upper Zongu Ship

9. Lower Zongu Lum Gor Sangtok

10. Lower Zongu Hee Sangdong

11. Chungthang Chungthang

12. Phodong Namok Tingchim

13. Phodong Sheyam Tengyek

14. Phodong Rongong Ramthang

15. Phodong Upper Mangshila Lower Mangshila

16. Phodong Phodong Tumlong

17. Phensang Labi Men Rangang Phamtam

18. Phensang Phaney Chawang

19. Kabi Kabi Tingda

List ofPanchayat Units Namchi District, South Sikkim

Sl.No. Elakha Bock Under Panchayat Unit

1. Lingi Lingi Sokpay .

2. Lingi Upper Paiyong Lower Paiyong Kaw ·


209

3. Lingmoo Lingmoo

.4. Lingmoo Pepthang Kolthang

5. Lingmoo Mangjing Tokday

6. NiyaBroom NiyaBroom

7. Yangang Rangrang Y angang

8. Yangang Gagyong Satam

9. BenNamphok Namphok Satam

10. BenNamphok Sripatam

11. BenNamphok Rabhang Sangmo

12. BenNamphok BenNamphik

13. Temi Tarku Tarku Tanak

14. Temi Tarku Diu

1~. Temi Tarku Temi Aifaltar

16. Barmiok Pabong Daring Reshep

17. Bermoik Tokal Namphing

18. Bermoik Tokday Bermoik Thangsing

19. Bermoik Chalumtl1ang Burul

20. Bermoik Ramyang Nijrameng


210

21. Namthang Parbing

22. Namthang ChubaPhong

23. Namthang Karek Kabrey

24. Namthang Nagi Palitam

25. Namthang Nalam Kolbong Manedara

26. Namthang Kanamtek

27. Namthang Mamring Donok Turung

28. Namthang Pamphok

29. Namthang Kateng Bokrong

30. Rateypani Tangji Bikmat Rabi-khola

31. Rateypani Rateypani Pass

I
32. Turuk Sumbuk Rabitar Sadam

33. Turuk Sumbuk Sukrabarey Suntaley

34. Turuk Sumbuk Paiyong

35. Turuk Sumbuk Malli Dara Melli Kerabari

36. Turuk Sumbuk Turuk Ramabung

37. Turuk Sumbuk Panchagharey

38. Turuk Sumbuk Lungchok Kamerey


211

39. Turuk Sumbuk Sumbuk Kartikey Suntaley

40. Turuk Sumbuk Rong Palum Singtam Bull

41. Namchi Phalidara Salleybung Maniram

42. Namchi Gumpa Gurpisay

43. Namchi Bomtar Singithang

44. Namchi Kopchey Mikkhola

45. Namehi Assangthang Sangbung

46. Namchi Dhargaon Salghari Dorop

47. Namchi Chisopani Tinik


'-
48. Namchi Poklok Denchung

49. Namchi Kamrang Pajer Tinzir

50. Namchi Pabong Chemchey

51. Namchi Damthang J aubari

52. Namchi Tingrithang Mamley

53. Kitam Sorok Sempani

54. Kitam Kitam Manpur Gom -


--

55. Wak Kewzi:n g Wak Omchu Chumlok

56. WakKewzing Tinkitam Senganath


212

57; WakKewzing Rayong

58. WakKewzing Lamaten Tingmoo

59. WakKewzing Hingdem Legship

60. WakKewzing Lingjo Dalep

61. WakKewzing Bakhim Kewzing Mangbru

62. Ralong Barfung Jarong Biring Deythang

63. Ralong Lingding Ralong

64. Ralong Namlung

65. Borong Polot

66. Borong Sada Phamtam Borong

List of Panchayat Units Geyzing District, West Sikkim

Sl.No. Elakha Block Under Panchayat Unit

1. Tashiding Dhupidhara Narkhola Mangnam

2. Tashiding Labdang Kongri Gangyap

3. Tashiding Arithang Lasso Chongrang

4. Tashiding Onglap Y angtey Bhaluthang

5. Tashiding Tashiding
2l3

6. Khechopheri Gerethang

7. Khechopheri Labing Dubdi

8. Khechopheri Yoksum

9. Khechopheri Thingling I & II

10. Khechopheri Choj o Khechopheri

11. Melli Melli Malliching

12. Melli Singlitam Tingbrom

13. Pemiongchi Topung Singrangpung N ambu

14. Pemiongchi Darap Singdrang

15. Pemiongchi Singyang Naku Chongbung

16. Pemiongchi Geyzing Omchung

17. Pemiongchi Kyongsa

18. Pemiongchi Lingjik

19. Sangacholing Tikjek

20. Sangacholing Lingchom Sardong

21. Yangthang Yangthang

22. Yangthang Sapung Bongten

. 23. Yangthang Srinagi Linching Gyaten Karmatar


214

24. Yangthang Maneybung Sopakha

25. Yangthang Begha Mangmu Dentam

26. Yangthang Sankhu

27. Yangthang Radhukhandu


' -

28. Yangthang Hee

29. Yangthang Hee-Patal Pechrek

30. Yangthang Martam

31. Yangthang Barmiok

32. Yangthang Barthang

33. Rinchenpong Tadong Rinchenpong

34. Rinchenpong Barphok Chinthang Megyong

35. Rinchenpong Meyong Sangadorji

36. Rinchenpong J eel Hatidhunga

37. Rinchenpong BumReshi

38. Rinchenpong Sribadam Samdong

39. Chakung Dethang Pareng Gaon

40. Chakung Takuthang Chuchen

41. Chakung Tinjerbung Suldung Kamling


215

42. Chakung Mabung Sigeng

43. Chakung Suntaley Khaniserbong Arubotey

44. Chakimg Samdong

45. Chakung Samsing Geling

46. Chakung Mendo Gaon Chakung

47. Chakung Zoom

48. Chakung Chumbung

49. Chakung Malbasey

50. Chakung Soreng

51. Chakung Singling

52. Chakung Timburbung Tharpu

53. Chakung Buriakhop

54. Chakung Karthok

55. Daramdin Buriakhop Rumbuk

56. Daramdin Upper Thambong

57. Daramdin Daramdin Lower Thambong

58. Daramdin Lungchok Salyangdang

59. Daramdin Siktam Tikpur


216.

60. Daramdin Okhrey Ribdi Bhareng

Source : Sikkim, Recommendations of State Finance Commission, Gangtok, 1992


unpublished. Sikkim (RDD), Manual of Panchayat Law, Gangtok, Sikkim
Government Press (n.d.) pp-237-367.

Schedule "B"

A Chronological order of :ranchayatiraj Elections held in Sikkim

Sl.No. ofthe election Year

1st Old Panchayat Act 1965

2nd 1968

3rd 1971

4th 1974

5th It was extended till 1982 1977

6th 1987

ih In 1993 new Act was enacted but the existing 1992


Panchayat were allowed to continue till the expiry
of their term

gth New Panchayats were elected under the Panchayat 1997


Act 1993 with reservations
217

Ministers in Panchayati Raj

Sl.No. Name Year

1. B.P. Kharel 1974

2. N.B. Bhandari 1979

3. Dorjee Tsering 1984

4. N.B. Bhandari 1984

5. P.L. Gurung 1989

6. R.R. Rai 1994

7. Pawan Chamling 1994

8. G. Chandra Rai 1999

Secretaries in Panchayati Raj

Sl.No. Name Year

1. Tashi Chophel 1965

2. C.D. Rai 1972

3. P .K. Pradhan 1974

4. K.C. Pradhan 1983

5. P .K. Pradhan 1984


218

6. L.B. Chettri 1989

7. R.Ongmu 1993

Source : K.N Sharma, Additional Secretary to the Government of Sikkim, Land


Revenue Department, Gangtok, Sikkim

Pawan Chamling defends _Panchayat Polls on Party basis as a measure of


ascertaining accountability.

Sikkim went to polls to elect panchayats on 13th October 2002. The


State Level Panchayat Sammelan held on August 12, 2002 at Paljor Stadium
. Indoor Gymnasium.

The Sammelan was organized by the Rural Development Department


and saw a huge gathering of Panchayat members from all over the State,
Officials and Party members. Pawan Chamling announced that the polls will be
held on party-basis, as supported by ruling SDF Party. As earlier this time
Chamling said that the Panchayat Polls would be held according to 'Pool
System'. for candidates and seats. As also there would be 33% reservation for
women.

Chamling had earlier desired that the SDF party should 'win all the seats
uncontested' and appealed to the people- to 'make sure that the right candidates
who would work for the welfare and benefit of the people' get the posts.

Defending his stand on th~ party system for the Panchayat polls,
Chamling said that this would "strengthen the democratic process and
populariz~ it in the grassroots level".
219

Brushing aside the criticism by the opposition on his Government's


decision to hold Panchayat election on Party basis, he said that his decision
ensures that the Panchayat leaders are made more accountable and the benefits
provided by the government reaches the people.

Panchayats across the State who have performed exceedingly well in the
last term were presented "Panchayat Shree" awards by Chamling (IZ).

Panchayat Poll 2002 (l3)

Under Article 243 B of the Constitution of India provision has been


made for constitution of Panchayat bodies of Village, intermediate and district
levels in every states. However there is an option for states having population
not exceeding 20 lakhs to adopt a two tier system i.e. to constitute Panchayat
Raj bodies at Gram and District levels only. Our State has two tier Panchayat
System.

The Power of delimitation of panchayat areas and organized them is


vested in the State Government under Sikkim Panchayat Act, 1993.
Accordingly the State Government vide its Notification No. 35(2)2001-
02/RDD/P dated the 6th July, 2002 has reorganized the Zilla Panchayats and
Gram Panchayats in the State. Before this reorganization the outgoing
panchayats had 873 wards with 159 Gram Panchayat Units and 4 Zilla
Panchayats with 92 Territorial Constituencies. After the reorganization we have
903 wards with 166 Gram Panchayats Units and 4 Zilla Panchayats with 98
Territorial Constituencies. The 2 villages of Lachen and Lachung in the North
District of the State having traditional democratic institution of local
governance called Dzumsa existing for many years have been allowed to co-
exist at par with the Gram Panchayat unit and their representatives have been
adopted as member ·Of Zilla Panchayat of North District. No elections are held
for Lachen and Lachung Gram Panchayat Units and Territorial Constituencies.
With such inclusion of these two traditional institution to the Zilla Panchayat
the total strength of Zilla Panchayat member will be 100.
220

The Panchayats at District level and Gram Level are separate entities in
relation to their constitution, term of office and sphere of activities. However,
in consideration of mobilization of manpower and finances and involvement of
the masses elections are conducted simultaneously for Gram Panchayats Wards
and Territorial constituencies of the Zilla Panchayats.

State Election Commission has released list of candidates who have


been declared elected uncontested and list of contesting candidates to the Zilla
Panchayat and Gram Panchayat for the entire State. Out of 903 Gram
Panchayat wards candidates from 629 wards have been declared elected
uncontested. Election will be held for the remaining 271 Gram Panchayat
wards. Nomination of2 Gram Panchayat wards were rejected by the Returning
Officer during scrutiny of papers and in one ward no nomination was received
and in another ward the candidate elected uncontested expired. Similarly, out
of 98 Territorial Constituencies candidates from 56 Constituency have been
declared elected uncontested. Election will be held for the remaining 42
Territorial Constituencies. Besides this, elections are required to be held in
other 214 Wards where the candidates for Gram Panchayat wards were elected
uncontested but 42 Territorial Constituencies falling within these wards are
under contest. Therefore voters of 214 wards will vote for Territorial
Constituencies only.

The total wards where elections will be held in 485 as per district-wise
break-up given below.
221

Zilla Panchayat

N arne of Zilla Total Total Total Total SDF INC lND


Panchayat Territorial Territorial Territorial Candidates
Constituencies Constituency Constituency
declared contesting
uncontested

M F M F M F

West 25 22 3 9 3 0 0 0 6 0

South 24 12 12 34 10 2 ,d 0 16 5

East 31 11 20 65 15 4 3 0 36 7

North 18+2* 11+2* 7 15 4 2 0 0 5 4

Total 98+2* 56+2* 2 123 32 8 4 0 63 16

T.C. Territorial Constituencies


*Lachen & Lachung

Gram Panchayat Uncontested

Name of No. of Gram Total Total Wards Vacancies % Party Affiliation


the District Panchayat Wards declared
&No. of Unit uncontested
Gram
Panchayat

West 51 274 241 - 87.96 241 -

South 45 255 177 - 69.41 177 -

East )0 273 132 3 48.35 132 -


North 20* 101* 79 - 78.21 78 1

Total 166 903 629 3 69.66 628 1


222

Gram Panchayat Contested

Name Total Candidates Party Affiliation


of Contesting
District Wards

Male Female Total SDF INC IND

M F T M F T M F T

West 33 58 16 74 25 8 33 3 - 3 30 8 38

South 78 132 52 184 53 17 70 1 - 1 78 35 113

East 138 212 105 317 87 49 136 1 - 1 124 56 180

North 22 37 9 46 18 4 22 - - - 19 5 24.

Total 271 439 182 621 183 78 261 5 - 5 251 104 355

Secretary
State Election Commission, Sikkim

Source: SIKKIM, Sikkim Herald, Vol. XL, No.45, October 4, 2002, Gangtok, Sikkim Govt. Press, p.5.

Consolidated statement showing partywise position of General Panchayat Election, Sikkim, 2002

Gram Panchayat

Name of Total Uncontested Contested Total Grant Remarks


District Seat Total

SDF INC IND SDF INC IND SDF INC IND

West 274 241 - - 28 - 5 269 - 5 274


(98.17%) (1.83%)

~outh 255* 177 - - 48 - 29 22:) - 29 254 ~epoll in

:
(88.5F%) (11.41%) 12/1
!Bemayak
GPW

East 273 135 - - 109 - 29 244 - 29 273


223

I, I(89.38%) I

North 101 78 - 1 16 - 6 94 - 7(7%) 101


(93%)

[Total 903 631 - 1 201 - 69 832 - 70 902 Repoll or


(92.24%) (7.76%) 12/10/02

Zilla Panchayat

Name Total Uncontested Contested Total Grant Remarks


of Seat Total
District

SDF INC IND SDF INC IND SDF INC IND

West 25 22 - - 2 - 1 24 - 1(4%) 25
(96%)

South 24 12 - - 12 - - 24 - - 24
(100%)

East 31 11 - - 19 - 1 30 - 1 (3.23) 31
(96.77%)

North 18+2* 10 - 1 3 - 4 13 - 5 18 *2
(72.22%) (27.78%) Dzurnsa

Total 98 55 - 1 36 - 6 91 - 7 (7%) 98
(93%)

Due to the error in the procedure, of polls, 12/1 Bemayak Ward under
Bemayak Gram Panchayat Unit in the South District was held on the 12/10/02
after the commission ordered for a fresh poll. The poll, which was held at
Tokal Senior Secondary School, saw Mr Lal Das Tamang, a SDF candidate
224

victorious by a margin of one vote. This polling was an end to the peaceful and
maximum voter turn out in all the 903 wards and 98 territorial constituencies.

The elections for Sabapathi and Upasabapathi Adhyaksha/Upaadhyaksha


for all four districts were held in November, 2002 in all gram and zilla
panchayats.

Thus Sikkim before and after merger strengthened the local self-
Govemmnet in the name of Panchayatiraj at the grassroots to build strong
village administration. The traditional Dzumsa is still continued in North
Sikkim. The SDF Givemment headed by Pawan Chamling belives in the
philosophy that Panchayat is the Governemt at village level and has allocated
70%of · the budget for village development m Sikkim.
225

Notes & References

1. Sikkim, Sikkim Darbar Gazette, Notification No. 3054-3254/PS, Jan, 24,


1948, Gangtok, Sikkim Govt. Press, 1948.

2. Sikkim, Sikkim Darbar Gazette, Notification No. 1669-1769/LF, May 25,


1948, Gangtok, Sikkim Govt. Press, 1948.

3. Sikkim, The Panchayat Act, 1965, Gangtok, Sikkim Govt. Press. This act
was enacted to consolidate the laws relating to Panchayats in the State, with
the objective good administration of villages and implementation of
development programme ensuring participation of all communities.

4. For details before merger See Wangdi Sonam, 'The Panchayat System in
Sikkim', Sikkim Herald, Vol. 11, No. 129 July 25, 1970, pp. 1 & 2,
Gangtok, Sikkim Govt. Press, 1970.
Wangdi Sonam 'The Panchayat System in Sikkim-2', Sikkim Herald Vol.
11, 'No. 130, July 27, 1970 pp. 1 & 4, Gangtok, Sikkim Govt. Press, 1970.
Sikkim, Sikkim Herald, Vol. 14, 164, pee. 6, 1973, Gangtok, Sil9rim Govt.
Press, 1973 p.1.
Bhowmick D.J. Dhamala R. 'Democratic Decentralisation and Panchayat
Raj -An Evaluation with special reference to Sikkim', Journal of
Constitutional and Parliamentary Studies, Vol. XVI Nos. 3-4, July-
December, 1982 pp. 279 to 310. Wangdi Sonam, The Panchayat in Sikkim
& 1&2 Sikkim Herald. Op. cit.

.5. Sikkim, Sikkim Government Gazette (Extraordinary) No. 24, The Sikkim
Panchayat Act, 1982, Act No.3 of 1982, Gangtok, Govt. of India Press pp.
41. Also see Sikkim Herald, Vol, 26, No. 14, Feb. 4, 1983, Gangtok, Sikkim
Govt. Press, pp. 1 & 4.

6. Ibid.,
226

7. Sikkim, Manual of Panchayat Law (RDD), Gangtok, Sikkim Govt. Press


(not dated), pp. 1-14 & p. 50.·

8. Ibid. pp 56-58, pp. 69-74 & pp. 144-147.

· 9. Ibid, pp. 51-53.

10. Sikkim Recommendations of State Finance Commission, 1999, pp. 92


(unpublished).

11: See Sikkim Recommendations of the State Finance Commission Op. cit. ·
Manual ofPanchayat Law, Op. cit., pp: 237 to 367.

12. Now, Vol. No 11. Aug., 14-20, 2002 Tadong Baba Offset. P. 4

13. Sikkim, Sikkim Herald, Vol. XL No. 45, Oct., 4, 2002, Gangtok, Sikkim
Govt. Press, p.5.

14. The Resolution, Vol. 2, No. 42, Oct. 21-25,2002, Ba ba Offset, p.6.
227

5. The Legislature: Sikkim Legislative Assembly

The Maharaja of Sikkim was both temporal and spiritual head. The nature
and form of Government in the erstwhile feudal monarchy in Sikkim was entirely
different from what is existing today. The King was assisted by a National
Assembly called the "LHADE-MEDE". It was an assembly of monks and the lay
comprising of different ranks such as Chutinpa, Lama Dorjee, Omze, Lohpon and
influential gentry like the village headmen and other dignified people of Sikkim.
The i<.azis selected its members and later by the Private Secretary to the Maharaja.

The strength of the Lhade-Mede was changing from time to time and had
no fixed number. Usually it met in times of necessity and to discuss the issues of
national importance such as ill omens affecting the country, marriages of members
of the Royal family and death of a Maharaja. Therefore, it was an advisory body
and the Maharaja was not bound by its advices but was normally accepted by the
King and the meetings were held at palace convened by Maharaja as and when he
felt. The last meeting of the Lhade-Mede was held before merger of Sikkim to
finalize the marriage ofPalden Thondup Namgyal. By and large, the Lhade-Mede
continued to function with the changes of time. 1

Truly speaking, an organized governmental system in Sikkim was


introduced during the time of the British-India rule under John Claude White- the
first Political Officer appointed in the end of 19th Century. It was then known as
the Council and the Maharaja was present in its meetings. 2 The Council was
consisting of nominated members and the sessions of the Council were held at
;L irregular intervals. The Kazies and landlords were nominated as members and
were belonging to Sikkim Bhutia, Lepcha and Nepali communities. By 1935 the
Council was consisting of nine members to represent perhaps all interests and
sections. It used to meet at least thrice a year and especially in the first meeting it
3
was to analyse the budget to be sent for the approval of the Maharaja . The
228

Emergency Session of the Council was convened at any time of the year at the will
ofthe Maharaja.

Later under popular demand, the Darbar h~d to include six representatives
among the ryots as additional members of the State Council. But unfortunately as
they were dissatisfied an agitation was launched in 1949. That movement led to
appoint an Indian Officer as a Dewan and a move to allow active participation of
the people in the Government. As a result of it, members were nominated from
political parties and the Dewan was made the President. It once again led to the
fo~ation of Panchayats and to hold elections to constitute the future Assembly or
Legislative Council in sikkim4. '

In accordance with the provisions of the Proclamation, 1953, the State


Council had a strength of twelve elected members. Six of them were belonging to
Sikkim Bhutia-Lepcha communities and remaining six of them to the Sikkim
Nepali community. The President of the Council was appointed by the Maharaja5.
The Dewan of Sikkim was officially called as Principal Administrative Officer or
SIDLON/SILDON of Sikkim who presided over the meetings of the Council.

The members of the Council were elected on the basis of Universal Adult
Franchise. Besides the above 12 elected members Five members were nominated
by the Maharaja.

The Council consisted of seats in the year 1958 as follows:

6 Sikkim Bhutia - Lepchas


6 Sikkim N epa1ese
1 Sangha Seat
1 5 General Seat
6 Nominated
20 Total
229

6
By 1967 the number rose to 24 and the split- up was as follows :

7 Sikkim - Bhutia - Lepchas


7 Sikkim- Nepalese
6 Nominated
1 Sangha Seat
1 General Seat
1 Tsongs (Limboos)
24 Total

The Council was to meet twice a year and the budget session was to be held in
Feb-March every year. The autumn Session used to take place in September.
The Maharaja of Sikkim exercised powers to summon the Special Session:
prorogue and dissolve the Council. Its tenure was fixed at 4 years unless
dissolved sooner by the Maharaja.

The second Council which was constituted in 1958 and the third was in
1967. The rest of the elections to the Council was held once in 4 years. The
decisions of the Council were based on majority vote and the President exercised a
casting - vote. The Council was constituted on Party lines and had treasury and
opposition benches. Therefore the decisions were taken on the basis of majority
vote of the members present and voting. Normally the Council was addressed by
the Maharaja and it was allowed by Maharaja some other person to preside over
. the meetings.

R.N. Haldipur, T. D. Densapa, M.P. Pradhan, IS. Chopra and D. Dadul


presided over the meetings of the Council.

The Nepali language was use,d in the proceedings. But it was opposed and
therefore, it was decided that no part~cular language was to be adopted as the
language of the House. The members were allowed to speak in a language in
230

which they were free to address the House. The records were kept in English and
the work of the House was carried on by order paper. The business of the House
was carried on and based on questions, resolutions and legislations 7 .

In so far as the powers of the State Council were concerned it had the
power to enact laws subject to the assent of the Maharaja for all practical purpose
and good governance. It had powers to enact laws on the matter enumerated as
under reserved subjects viz., Police, Finance, State enterprises, land revenue
establishment, food supply and rationing. But it had no powers to discuss on the
matter relating to Maharaja, royal family, external relations and relations with
Government of India, appointment of the Dewan and the Members of the
judiciary 8.

In regard to transferred subjects such as health, education, agriculture,


PWD etc. a member of the Council had to give a fortnights notice of intention to
introduce and move a bill, followed by vote on admission and discussions.
Amendments were also to be tabled followed by vote on admission and
discussions. The Council by vote used to pass or reject the legislation. Thus the
bill became regulation if and when it was assented by the Maharaja. The Council
was unable to legislate on any ,matter relating to reserved subjects. But the budget
was placed and voted upon every year. The Maharaja had the power to certify if
any budget estimate was rejected, where it would become part of the sanctioned
estimate. Another important aspect was that expenditures chargeable on the
revenue of the State were not subject to the vote of the Council, in particular on
civil list and expenditure on the household department of the Maharaja, pay and
allowances of the Dewan, members of the judiciary and officers on deputation
from the Government of India.

The swearing in ceremony of the newly constituted Cou:ricil used to take


place at the palace Monastery (Tsuk-la-khang) and was addressed by the Maharaja
231

at every inaugural sessiOn. The head lama of Pemayangtse Monastery used to


conduct the administration of oath and secrecy in the midst of chanting of prayers
to the newly elected members of the Council.

'
The members of the Council were made in-charge of various departments
and in the inaugural session the Maharaja used to outline the achievements and the
members submitted the programmes report of their departments. The then Chief
Secretary was made in charge to present reports of progress on reserved subjects
before the Council. The then President of the Council. N. K. Rustomji in fact,
made it clear in 1956 that the Councilors should be fully committed and associated
with the problems of administration and administrative machinery besides
achievements and merits. Over and above problems of administration the
Councilors were bound to tender advice and make valuable contributions for
shaping up policies, which were in the best interest of the Darbar 9 . Further it was
stated that the representatives of the Council were to be made aware of the
implications of the developmental programmes to carry out in order to evolve new
policies, which would be confining to the truest interests and development of
Sikkim. Thus in this way the resolutions were moved by the Councilors to attract
the attention of the Government to the .specific and general problems of the
Constituencies in Sikkim. For which the Durbar also .used to give assurances to
fulfill the promises.

It should also be borne in mind that there were certain limitations e.g., the
developmental Plans were not requiring the approval of the Council but it was
consulted with the Council prior to the finalization of the schemes. As far as
legislations were concerned the bills were introduced by the Members of the
Executive Council on the floor of the House. Sometimes select committees were
constituted to consider the bills and the committee was constituted from among the
Councilors. However, the State Council could not become the main Legislative
organ on the matters relating to transferred subjects are nothing much was done in
232

this regard by it. Still the motor vehicle Bill, Gangtok Rent Control Bill, Excise
Bill, Drug Control Bill, Eviction Bill-1 of 1956 etc. were some of the Bills passed
by the Council. It is surprising to note that the Excise Bill placed before the
Council in 1957 was passed in 1970. It was because of many reasons and one of
the main reasons was that the election to the State Council took place in 1967 after
10
a long gap i.e., in the year 1967 . The Council was the highest body to deal with
and to settle any matter related to objectionable publications and any defamatory
statement on the Maharaja. In this regard Kazi Lhendup Dorjee was dealt with and
was even dismissed from the Councillorship in 1972. The President of the Council
who was the Principal Administrative Officer and later Sidlon of Sikkim to
administer reserved subjects exercised commanding Power. At the same time it
was considered that the Maharaja as the source of all Legislative powers, the
Executive Councilors were under the control of the Dewan and the real decision
make was the Durbar. The members had powers to ask questions and move
resolutions, which are of the general welfare of the people.

Later the Tripartite Agreement of 1973 laid down the basic principles of a
new system to establish a responsible Government in Sikkim. It provided for an
Assembly with increased legislative powers for the elected representatives. This
Assembly was elected every four years on the basis of 'One-man-one-vote'. The
election to the Assembly was conducted by the Election Commission of India on
request of Government of Sikkim. The Parity which was already in vague was to
be strictly adhered to for the Bhutia-Lepcha Communities. In accordance with the
principles of tripartite agreement Chogyal issued a Proclamation in December
1973 for the election of New Sikkim Assembly 11 . By 1974, Chogyal proclaimed
the Representation of Sikkim Subjects Act, 1974. This Act provided for the first
time a 32 member Assembly for Sikkim. It provided 15 reserved seats to
Sikkimese Bhutia-Lepcha, 15 for Sikkim Nepalese, one seat for the Sangha and
233

12
one for the Scheduled Caste Nepalese . The election was held in April 1974 and
the result was;

The Sikkim Congress : 31


The Nation Party : 01
Total: 32

The newly elected Assembly met in May 1974 and the Chogyal in his
inaugural address reminded the responsibilities of the elected members to serve to
the Welfare of the people and preserve their interests. The Assembly adopted
resolutions reaffirming the principles, purposes and provisions of the May 8, 1973
to provide a responsible Government and closer relation with Government of
India. Further the Assembly resolved to make the Chogyal a Constitutional head
and requested Government of India to depute a Constitutional Advisor for giving
legal and constitutional framework besides defining the powers of the Chogyal,
13
executive Council, Chief Executive and of the Assembly . Sikkim assembly in
14
the Associate State of India 1974 •

A draft Constitution was adopted by the assembly and was assented by the
Chogyal. The result of which came the Government of Sikkim Act, 1974. This act
provided for an Assembly constituted of the members elected by the people on the
basis of one-man-one-vote and universal Adult Franchise to be elected for every
four years unless dissolved earlier. It was summoned by the Chogyal on the advice
of the President of the Assembly. The ex-officio President was the Chief
Executive who performed the function these of B. S. Das was the first President of
the Assembly from May 1974 to October 1974 followed by Shri B. B. Lal and
C.S.Roy, October 1974 to September 1977. There was a provision to appoint a
Deputy Speaker who would act as the Speaker in the absence of the President. The
Chogyal used to address the Assembly. There were qualifications and
disqualifications prescribed to the members of the Assembly. The disqualifications
234

were placed before the Chogyal and his decision was final on the matter subject to
opinion sought by him frorp. the Election Commission and election authority
specified by the Government of India.

The 1974 Act provided that the Assembly powers to make


recommendations or make laws for the whole or any part of Sikkim with respect to
any of the following mattes: Education, public Health, Excise, Press and publicity,
Transport, Bazars, Forests, Public Works, Agriculture, Food Supplies, Economics,
and Social Planning including State enterprises and Land Revenue. The Assembly
had the right to discuss and make recommendations with respect to matter not
enumerated in the Sub Section which may from time to time be referred by the
Chief Executive. The Chogyal on the recommendation of the Government of
India, may by notification in the Sikkim Durbar Gazette, add any other matter to
the above list. A bill duly passed by the Assembly was to be presented to the
ChogyaL The Chogyal had the power to assent the bill or to withhold his assent. If
the Chogyal withheld his assent, he used to return the Bill to the Assembly to
incorporate any suggestion or amendment. In case the Assembly within a period of
three months again had passed that Bill with or without amendment presented to
the Chogyal for assent, then the Chogyal was forced to give assent to such bills.
Again the Chogyal was exercising power to reserve any bill for the consideration
of the Government of India or any of the special responsibilities of the Chief
Executive and used to Act according to the decision of the Government of India.
The Assembly according to the Government of Sikkim Bill 1974 had no power to
discuss or ask question on any of the matter relating to:

The Chogyal and members of the ruling fairly, any matter pending before a
Court of law; appointment of the Chief Executive or members of the judiciary; any
matter which was exclusively the responsibility of the Government of India,
whether under this Act or under any agreement or otherwise.
235

Later a Council of Ministers was formed and it requested the Government


of India to do the needful to expedite Sikkim's participation in the political
institutions of India. The result was that Sikkint was made an associate State of
15
India vide The Constitution 36th Amendment Bill/34th Amendment Act 1974 .

This Act allotted one seat in the House of the People (Lok Sabha) and one seat in
the Council ofthe State (Rajya Sabha).

Sikkim Legislative Assembly

The Constitution 38th Amendment Bill/36th Amendment Act 1975


ultimately led to the merger of Sikkim and made Sikkim the 22nd State of India is
this Act provided that 'Notwithstanding anything in this Constitution the
Legislative Assembly of the State of Sikkim shall consist of not less than thirty
members and the Assembly of Sikkim was formed as a result of the elections held
in Sikkim in April 1974 with thirty two members elected in the said elections who
were hereinafter referred to as sitting members shall be referred to be the
Legislative Assembly of the State of Sikkim duly constituted under this
constitution. It was further maintained that the said Legislative Assembly of the
State of Sikkim shall exercise the powers and perform the functions of the
Legislative Assembly of a State under the Constitution of India. Further it
provided that the Parliament may for the purpose of protecting the rights and
interest of the different sections of the population of Sikkim make provision for
the number of seats in the Legislative Assembly of the State of Sikkim which may
be filled by candidates belonging to such sections and for the delimitation of
assembly constituencies from which candidates belonging to such sections alone
may stand for election to the Legislative Assembly of the State of Sikkim (Article
371 F(f)). The whole of Sikkim was also made a single Parliamentary
Constituency for electing a representative in the House of the people (Lok Sabha)
I
and one seat in the Council of States (Rajya Sabha).
236

The Chief Executive, B. B. Lal assumed the office of the first Governor of
Sikkim and the then Ministry headed by Kazi Lhendup Dorji took a new oath of
office in. the newly founded State namely Sikkim of the Indian Union. C.S. Roy
was appointed as the.Speaker of Sikkim Legislative Assembly. He was succeeded
by B.B. Gooroong between October 1977 and October 1979. The Assembly
formulated rules of procedure and conduct of the business of the House consisting
of 106 rules along with fixation of salaries and allowances admissible to Speaker,
Deputy Speaker and the MLAs.

An independent Secretariat under Article 187 of the Constitution was also


constituted. The Home Secretary was made in charge of the affairs of the
Assembly. A library was also established. Later a full-fledged Secretary to the
Legislative Assembly was appointed. Subsequently various house committees of
the Assembly were constituted. The budget for the first time was introduced in
March 1976. Initially there was no opposition since N .. B. Khatiwara defected
from the ruling party, and formed Sikkim Praja Tantra Congress and demanded to
be recognized as the Opposition Party.

Since the 1974 elected House continued, resignations of Ministers and


intra-party conflict ultimately led to a chaos. Owing to Constitutional Machinery
failure for the first time the then Governor of Sikkim recommended for imposition
of the President's rule in the State of Sikkim in 1979 since both Houses of the
Union Parliament of India were not in session that necessitated Sikkim to go to
Polls in October, 1979. The election of October 1979 elected Janta Parishad
headed by N.B. Bhandari, the Sikkim Congress (I) and Sikkim Praja Tantra
Congress were in opposition. The second election to the Sikkim Legislative
Assembly was held on the basis of the ordinan~e issued by President of India to
reconstitute the territorial Constitnencies as follows:
237

Sikkim Bhutia-Lepcha : 12 seats


General seats : 17 seats
Sangha : 01 seat
Scheduled castes : 02 seats
Total : 32 seats

Since reservation for Sikkim Nepali community was done away with and
declared as General seats R.C. Poudyal, President of Sikkim Congress
(Revolutionary) did not contest the election condemning the Bill no. 1979 as a
Black Bill. In fact, restoration of Seats in the Sikkim Legislative for the Sikkim
Nepalese remains an issue since 1979. However, various elections to the
Sikkim Legislative Assembly and the popular governments have been striving
their level best to frame and administer a set of laws suitable to guard the
interests of common people of Sikkim.

List of Speakers of Sikkim Legislative Assembly Since 1974

Sl.No Years Presiding Officers/ Speakers

1. 1974 Shri B.S. Das

2. 1974-75 Shri B.B. Lal

3. 1975-77 Shri C.S. Roy

4. 1977-79 Shri B.B. Gooroong

5. 1979-85 Shri Sonam Tshering Bhutia

6. 1985-89 Shri T.R. Sharma

7. 1989-94 Shri Dorjee Tshering Bhutia

8. 1994-99 Shri Chakra Bahadur Subba

9. 1999 Smt. Kalawati Subba.


238

Leadership Pattern

Prior to 1975 the State of Sikkim was autocratic and tradition bound. The stage
for political development and change was set in the late 1940s when a number
of Political parties such as Sikkim Praja Sammelan, Praja Mandai, Praja
Sudharak Samity, Sikkim State Congress were formed, with the mam
objectives of ameliorating the deplorable conditions of the Sikkimese peasants
and formation ofrepresentative Government.

These parties could organize mass rallies staging 'no rent' and 'no tax'
campaigns to press their political demands. It created a political impasse and on
the advice of the Indian Government the ruler agreed to abolish landlordism,
reduce the rate of house rent and introduced some measures of process in the
State.

As pointed out earlier the State Council was established in 1953 which
consisted of a President to be nominated and appointed by the Maharaja along
with twelve elected members and five nominated members. The village
Panchayats at village level were, started in 1965 and the Bazar Committees at the
urban level were established in 1969. There were two reasons to establish these
institutions.

Firstly, to create a democratic facade in the monarchic State and thereby


satisfy the aspirations of the leaders espousing democracy in the State;

Secondly, the introduction of communal pattern of voting process i.e. the


candidates securing the highest number of votes of the community which he was
representing would be required to secure also at least 15% of the total votes of the
other community. If he failed to secure 15% of the votes of the other corr.munity,
the candidate securing the next highest vote of his community and also have
secured 15% of the total votes of the other community, would be declared elected,
239

· provided the difference between the number of votes secured by him and the
highest candidate did not exceed 15% of the total votes secured by the latter. In
that case the highest candidate would be declared elected, notwithstanding that he
had failed to secure 15% of the votes of the other community (Sikkim,
Proclamation of Maharaja, March, 17,1958, Gangtok, Sikkim Government Press,
1958). This was later on replaced by one man one vote, the property qualification
of the electorate in the election of the local bodies were intended to limit the
popular participation and to prevent further erosion of the King's power. The
Maharaja remained as the main architect of Policies. The influence of Government
of India was also continuing. A system of Diarchy too was introduced by the 1953
Proclamation of Maharaja to deal with Reserved and Transferred subjects. The
reserved subjects remained the private preserve of the King and on which the
Council could not make laws. The transferred subjects were to be administered by
the State Council. Within this framework of such a system the democratic forces
operated in Sikkim till the political uprising of 1973.

Late 1940s projected another element of leadership by political parties in


Sikkim. Therefore, political growth in Sikkim was characterized by political
apostasy. This political mooring influenced political behaviour of the leaders and
legislators from various political events until the merger of Sikkim with the Indian
Union. It is further exhibited in the politics of defection from regional parties to
national political parties - Since 1974 to 1984. Since 1985 the ruling regional
political parties of Sikkim have been pro center and supporting the party in power
at the center.

It is also interesting to point out over here that in 1974 the Sikkim Congress
emerged as a major political party winning 31 seats in the Assembly. The lone
member of the National party also joined Sikkim Congress later on. By 1975, the
Sikkim Congress made an enbloc merger with the Indian National Congress. In
the debacle ofindian National Congress in the year 1978 the Sikkimese leadership
240

sided with the Janata Party. The 1979 Sikkim Legislative Assembly witnessed
individual floor crossing from Sikkim Congress (I) and Sikkim Praja Tantra
Congrss to Sikkim Janata Parisad to Congress (1). The Sikkim Sangram Parishad
founded by N.B. Bhandari could bag 30 seats in 1985 and in 1989 all 32 seats.
There was no enbloc defection to national political parties. The Sikkim
Democratic front which came to power since 1994 is able to maintain its regional
identity but accepts floor crossing from among regional parties.

Different legislations were passed by the Sikkim Legislative Assembly


since 1975. The thrust of development shows-fluctuations in policy programming
between 1975 to 1979 and 1979 to 1993. However, the policy is primarily agrarian
and later amendments. The period between 1994 and 2001 i.e., the (Sikkim
Democratic Party rule under the leadership of Pawan Chamling shows a marked
achievement towards economic development, welfare programmes and upliftment
of the poor, weaker sections of the society and woman, industrialization,
privatization, human resource development, urbanization and maintenance and
protection of local identity. Yet another interesting observation is that national
political parties were not able to win the election and capture power in Sikkim.
Regional political parties rule the roost in Sikkim since the beginning of the
Council.

Initially the legislators of council in the pre-merger period had the


experience of Panchayats and local government. Later in the post merger period
some council members were elected to the Assembly. Since 1979 mostly young
and educated leaders are being elected to the Legislative Assembly. In spite of the
fact parity is an abolished ethnocentrism remains a major factor in the leadership
formation. The agricultural group does not find a place in the Assembly since post
merger period. The caste and religious representation is waning out. Ruralisation
and indigenisation of leadership seem to be evident. Most of the present leaders do
241

not represent local bodies but are new 'entrants to politics of Sikkim and they have
no link with older political order and former socio-political order.

Seat Reservation In Sikkim Legislative Assembly: A Basic Issue 18

The Promulgation of the Sikkim subject Regulation in 1961 clearly defined


the status of the Sikkim subject, his rights and privileges. Under this regulation a
Sikkim Subject Register was maintained containing records of all the subjects of
the Kingdom. Thus it is abundantly clear that the society developed into a multi
ethnic community with diverse social, cultural and religious ethos. However, the
statutory regulation of 1961 clearly identified who the subjects of Sikkim were as-
distinguishable from similar ethnic communities living in the surrounding areas of
West Bengal as well as Bhutan, Nepal and Tibet.

With the Sikkim Citizenship Order of 1975, enacted after the merger, all
Sikkim Subjects was deemed to have become citizens of India on that date. In this
context Sikkim Subjects are defined as those persons who were registered as
subjects of Sikkim in the erstwhile Kingdom.

At the outset, it must therefore be clearly emphasized that when we talk


about the rights and interests of Sikkimese people we are not speaking of any one
community of people but the Sikkimese people identified as Subjects of Sikkim
belonging to these communities. Unfortunately due to both ignorance as well as
political machinery it has often been misrepresented that the demands for the
people of Sikkim are for persons other than those recorded and identified as
subjects of Sikkim. It must be categorically emphasized that all the demands made
for the people of Sikkim are only in respect of people who were citizens of the
.erstwbile Kingdom.

Various political forces were at work by the mid 60s and in 1972, there was
an upsurge in this land following persistent demands for political reforms. The
242

unprecedented violence came to an end with the signing of an agreement on


23.4.1973 between the Chogyal of Sikkim and political leaders and the
Government of India. The agreement laid down the following pertinent and
important points.

1. (a) Though a minority in its ancestral land, the Bhutia-Lepcha community


has established and maintained the identity of Sikkim in the past and has
always enjoyed certain legal rights and privileges necessary to develop its
distinctive culture. At the same time for the Sikkimese of Nepali origin also
Sikkim is their home land. The interest of both these communities have to be
safeguarded.

1. The essential considerations set out in part (a) above reqmre the
establishment of a Constitutional and administrative frame work which
guarantees:

1. the unimpaired development of the religion, traditions and culture of


the Bhutia-Lepcha community without detriment to the religion,
tradition and culture of any other community.

2. The acquisition by the majority community of political, governmental,


legal and economic rights and opportunity equal to those of any
Sikkimese subject without detriment to the legitimate interests or legal
rights of the Bhutia-Lepcha community as set out in (a) above.

This agreement formed the basis of the accord signed on 8th May, 1973
between the Chogyal of Sikkim, the Government of India and leaders of the
political parties representing the people of Sikkim. The agreement also specifically
h.id down that:

"WHEREAS the Chogyal and the people of Sikkim are convinced that their
interest and long - term interest of Sikkim as a whole call for:
243

1. 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."

2. The system of election shall be so organized as to make the Assembly


adequate representative of the various sections of the population. The size
and composition of the Assembly and of the Executive Council shall be
such as may be prescribed from time to time, care being taken to ensure
that no single section of the population acquires a dominating position due
mainly to its ethnic origin, and that the rights and interests of the
Sikkimese of Bhutias - Lepchas origin and of Sikkimese Nepali, which
includes Tsongs and Scheduled castes by origin, are fully protected.

3. This accord, now known as the "May 8th Agreement" provides for a system
of elections. giving equitable representation to all sections of the people on
the basis of the principle of one man one vote. It also provides for a system
of elections of the population with the size and composition of the
Assembly and of the Executive Council, as prescribed from time to time,
with care being taken that no single section of the population acquires a
. dominating position due mainly to its ethnic origin and that the rights and
interests of Bhutias-Lepchas of Sikkimese origin and of the Sikkimese
Nepalese which includes Tsongs and Scheduled castes are fully protected.
The Proclamation of 6th February, 1973 was issued wherein representation
in the State Assembly was as follows:

1. 16 seats were reserved for Sikkimese of Bhutias - Lepchas origin of


which one was reserved for the Sangha.

u. 16 seats were reserved for the Sikkimese ofNepali origin including one
seat for Tsongs and Scheduled Castes.
244

The major 'change was that the Tsongs were included with the Nepalese as a
number of political parties felt that providing for a separate seat for the Tsongs
was an attempt on the part of the Durbar to further divide the Nepalese people.
The Government of Sikkim Act 1974 was issued on 6th April, 1974 and embodied
the principles decided upon the historic agreement of gth May 1973. It is to be
pointed out here that the agreement of 81h May 1973 was the last undisputed
agreement entered into by the Chogyal of Sikkim, the Government of India and
the political parties of Sikkim.

The Constitutional developments then progressed at a rapid pace in the next


few years and Sikkim became an associate State and thereafter 22nd State of the
Indian Union with the passage of the 36th Constitutional Amendment on 16th May
1975. This Constitutional Amendment inserted a new article 371F in the
Constitution wherein a special provision was provided for with respect to the State
of Sikkim. The special provision was inserted keeping in mind the histqrical,
social, cultural and political backgrounds of the State and the keen desire of the
Government of India to ensure development of the State according to its own
natural genius. These intentions found expression in the lengthy debate in both the
houses of Parliament when the constitutional amendment bill was moved. The
age-old arrangement for equitable distribution of power among the various ethnic
communities found expression in Article 371 F(f) of the Constitution whereby it
was provided that "PARLIAMENT MAY FOR THE PURPOSE OF
PROTECTING THE RIGHTS AND INTEREST OF THE DIFFERENT
SECTIONS OF THE POPULATION OF SIKKIM MAKE PROVISIONS IN THE
NUMBER OF SEATS IN THE LEGISLATIVE ASSEMBLY OF THE STATE
OF SIKKIM WHICH MAY BE FILLED BY CANDIDATES BELONGING TO
SUCH SECTIONS ALONE MAY STAND FOR ELECTION TO THE
LEGISLATIVE ASSEMBLY OF SIKKIM AND ARTICLE 371F (g) ALSO
EMPOWERED THE GOVERNOR OF SIKKIM TO MAKE PROVISIONS FOR
245

I
I
THE EQUITABLE ARRANGEMENTS IN ENSURING THE SOCIAL AND
ECONOMIC DEVELOPMENTS OF THE DIFFERENT SECTIONS OF THE
POPULATION OF SIKKIM". As a matter of fact Article 371F which contains 13
(Thirteen) sections, all provide for safeguarding the distinct identity and character
of Sikkim. In pursuance of this the Representation of People Act -of 1950-51 was
amended giving full protection to the three ethnic groups of Sikkim. Clause 5 (a)
of the Act reads as follows:

"5.A. Qualification for Membership of Legislative Assembly of Sikkim -


Notwithstanding anything contained in Section 5, a person shall not be qualified to
be chosen to fill a seat in the Legislative Assembly of Sikkim (deemed to be the
Legislative Assembly of that State duly constituted under the Constitution) unless:

a. in the case of seat reserved for Sikkimese of Bhutia-Lepcha origin,


he is a person either of Bhutia or Lepcha origin and is an elector for
any Assembly Constituency in the State other than the constituency
reserved for the Sanghas.

b. In the case of seat reserved for Sikkimese of Nepali origin, he is a


person of Nepali origin and is an elector for any Assembly
Constituency in the State.

c. In the case of a seat reserved for Scheduled Castes, he is a member


of any of the castes specified in the Representation of Sikkim
subjects Act 1974 and is an elector for any Assembly Constituency
in the State; and

d. In the case of seat reserved for Sanghas, he is an elector of the


Sangha Constituency".

The Constitutional 361h Amendment Act, by whi.ch Sikkim became 22nd


State of the Union of India, also provided that the Assembly for Sikkim, formed as
246

a result of the elections held in the 1974 with 32 members elected in the said
election, was deemed to be the Legislative Assembly of the State of Sikkim duly
constituted under the Constitution and sitting members were deemed to be the
members of the Legislative Assembly of Sikkim.

There was some satisfaction in those trouble times as the new


Constitutional provisions took into full account the past history of Sikkim and the ·
affairs of the State continued to be administered in the manner it had developed in
the past by the insertion of a special provision in the Constitution vide Article
371F. Unfortunately the immaturity of the legislators and the inexperience of the
bureaucrats assigned to the helm of affairs in the new scenario saw a gradual
dilution of the spirit and content of the special provisions for the State. This was
only compounded by the heavy handed and partisan attitude of the then Governor
and the few people assigned to the State on deputation to steer the administration
through the intricacies of the new system. Various central laws were arbitrarily
extended to the State in spite of the case in fact questioned the very insertion of the
j

special provisions for the State and contented that such provisions are violative of
the Constitution. He contented that seats could not be reserved for Bhutia-Lepcha
as ethnic group but only as Scheduled Tribes thereby restricting reservation to the
numerical strenith. The reservation of seats for Sangha was also based on religion
and thus were violative of Article 14,15,178, 325, 326 and 332 ofthe Constitution.
He also contended that the special provisions violated the basic structure of the
Constitution and part III in particular. The petition in fact sought to do away with
the special status of Sikkim and prayed for application of the general provisions of
the Constitution. The Government of India in its affidavit explained in detail the
full legality of the provisions of Article 371F and in denying all allegations of Shri
R. C. Poudyal only seemed to stress more and more than absolute and
Constitutional validity of the provisions made for Sikkim in the past. The
Statement of Objections and Reasons in introducing the Bill more than amplifies
247

this. Even in the debates in the Lok Sabha and Rajya Sabha the Government of
India was forced to concede that the amendments were being made to meet the
legal requirements of constituting a fresh Assembly in the State of Sikkim as
Article 371F provided for the continuance of the then Sikkim Assembly after the
merger as the State Assembly constituted under the Constitution. This limited
purpose could well have been achieved without the changes sought to be brought
out by the Constitution with the amendment. The State Government, as well as
organizations of Bhutia-Lepchas sought to refute the allegations made in the court
as they were made parties and consistently prayed that the special provisions for
the State of Sikkim were Constitutionally legal and that the reservation for all
ethnic communities be restored in keeping with the spirit of the merger and the
Constitutional developments in the past. The case as been pending in these courts
for the last 21 years but the mood of the people can well be gauged by the fact that
not a single political party, inadvertently or otherwise, supporting the changes has
been able to make any impact in the elections held since 1979 when the
Constitutional amendment was first made. The people have been steadfastly
supporting this Government year after year as one of its primary party objectives
as enunciated in all its manifestos has been the restoration of seats in the Sikkim
Legislative Assembly. It is, therefore, obvious that the hasty action taken in
bringing out the amendment only sought to annoy and displease every sections of
the people of Sikkim.

The reservation of Bhutia-Lepchas was in fact done away with the fact that
the amendment sought to make reservation for Scheduled Tribes which include
Bhutia-Lepcha as well as other communities like Sherpas, Tibetan, Kagatey,
Yolmo who are all ethnically a different group. In fact not only were the seats
reserved for them reduced from 16 to 13 but other ethnic groups were now
clubbed with them for the reduced number of seats. The Nepalese were shocked
that the reservation of seats for them was completely done away with in spite of
248

the
. fact that they were recognized and respected as a separate
. ethnic group in
Sikkim whose rights and interests were given due protection by successive
Governments in the State. It was strongly contended that the Article 371F was not
intended to deprive the people of their existing rights but to ,protect them. Instead
of negating all that had been developed over the years, for a limited purpose as
enunciated in the Statement of Objects and Reasons, the Government of India
could have had a more positive approach if the entire issue had been studied with
an open mind.

It is therefore seen from the historical perspective that the evolution of the
political system in the State had been conditioned by the exigencies of the
political, social and economic environments in the State and manner in which it
was radically changed, had been done without much thought and foresight. The
statistics available in the Census figures has only compounded the apprehension
that soon the State would be inundated by way of new immigrants thereby causing
severe dislocation in the demographical character of the population This
apprehension found reflections in the statement of the Chief Minister who
proclaimed that Sikkim had merged with India but did not want to be submerged.
This is the core of the matter.

During the course of the debate on the Constitutional Amendment Bill in


the Lok Sabha the then Union Law Minister Shiv Shankar stated in Parliament on
2.2.1980 that;

"The suggestions that have been made can be considered for future·
elections, but in as much the elections have already been held, I commended to the
House the acceptance of this Bill on its stands. Otherwise, the elections themselves
will be imperiled. If it· is a case of revising the reservations for the future, that is a
matter which can be taken cognizance of. The hopes and aspirations of the people
can also be considered and a new policy evolved. No doubt, valuable suggestions
249

with reference to reservations have been made by the other side, but they can be
considered at the appropriate stage, and since the purpose of this Bill is very much
limited, to validate the elections already held under the Ordinance, I request that
the House may kindly accept this Bill."

Similarly the demands made for the reservation in the Rajya Sabha on 5th
February, 1980 elicited the following observations from the Minister.

"There is something perhaps that will have to be considered in a wider


perspective and it does not call for any consideration at this stage. As I said,
primarily we are intending to revalidate the elections that have taken place under
the Ordinance."

What is clear from these statements, as well as the facts stated above, is that
there is no legal or Constitutional hindrance to the demand for the reservation of
seats in the Legislative Assembly of Sikkim and that the provisions under Article
371F clearly provides for these demands. The Ordinance and subsequent bill was
enacted for a specific purpose as a short term measure and the pronouncement of
the Government in Parliament clearly indicate that the genuine aspirations of the
people could be considered at a later date. This was reiterated by the Governor of
Sikkim in his address to the Sikkim Legislative Assembly on 10.3.1980. The
relevant extract of the address is as under:

"A law to replace the aforesaid Ordinance, namely the Representation of


Peoples (Amendment) Act, 1980 has s~nce been duly made by Parliament in its
Session recently concluded. To give proper legal and Constitutional cover to the
continued existence of this House, the enactment of the aforesaid law was an
imperative necessity. A proposal for modification of the scheme of representation
provided for therein so as to bring it more in conformity with the desire and
aspirations of the people of Sikkim had to be advisedly postponed as any deviation
just now from the scheme of representation on the basis of which the elections had
250
. .-/···

been held and conducted, might well have raised legal problems and jeopardized
the very continuance of this House as now constituted."

The demand for the reservation of seats in the Sikkim Legislative Assembly
is therefore a demand for the restoration of the reserved seats as provided for in
the Constitution.

NOTES AND REFERENCES

1. As narrated by Shri B. B. Gooroong, Political Advisor to Honourable Chief


Minister of Sikkim.

2._ S!kkim, Administration Report of the Sikkim State) 1908-1909. Gangtok,


Sikkim Govt. Press.

3. Sikkim, Administration Report of the Sikkim State) 1935-36, Gangtok, Sikkim


Govt. Press.

4. Coelho V. H. Sikkim and Bhutan) New Delhi, Vikhas Publications, Delhi, p.29

5. Sikkim, The Proclamation ofthe Maharaja ofSikkim) 1953, Gangtok, Sikkim,


23, March,1953.

6. Sikkim, Sikkim Durbar Gazette (Extraordinary Gazette) Vol. VII No.5, 1ih
March,1958, Gangtok, Sikkim Govt. Press.
Sikkim, Sikkim Durbar Gazette (Extraordinary Gazette) No 20, 4th August,
1967, Gangtok, Sikkim Govt. Press.

7. As narrated by Shri B. B. Gooroong

8. Sikkim, Proclamation of H. H. Maharaja 1953 Op. Cit

9. Sikkim, Sikkim Durbar Gazette (Extraordinary Gazette) Vol. V No. 12th May.
1956, Gangtok, Sikkim Govt. Press.
251

10. As narrated by Shri B. B. Gooroong

11. Sikkim, Tlte Proclamation of the Chogyal of Sikkim, 1973, Gangtok, Sikkim
Govt. Press., December 12,1973.

12. Sikkim, Sikkim Darbar Gazette (Extraordinary Gazette) No. 17, February 2nd
1974, Gangtok, Sikkim Govt. Press 1974.

13. As narrated by Shri B. B. Gooroong

14. See the Government of Sikkim Bill, 1974 Appendix XIII

15. See the Constitution (Thirty-sixth Amendment) Bill, 1974 Appendix -IV.

16. The Constitution (Thirty-Eighth Amendment) Bill, 1975, Appendix- XV.

17. As' narrated by B. B. Gooroong. Also see Chakaravarthi K. R., Verdict in


Sikkim 1979-85. (1988 May & 1989 October), Gangtok, Himalindia Photo
Offset Printers, 1989. Chakaravarthi K. R., Seat Reservation Issue in Sikkim
Legislative Assembly Bulletin of the Research Cell Vol. No. 1. Jan-June, 1991,
pp 36-44.
Kazi Jigme N Seat Reservation Vols. I to VII, Sikkim Observer Nov. 4, 1989
to April27, 191, Gangtok, Hill Media Publications.

18. Gooroong B.B. Seat Reservation in Sikkim Assembly Sikkim Perspective (A


25 Yr Recap 1976-2001), Sikkim Express Kolkata, SSS print House Pvt. Ltd.,
2001, pp 89-93.
252

ELECTIONS IN SIKKIM

1953-1999: A STUDY OF ELECTORAL BEHAVIOUR

In the past Sikkim had no system of territory-wise election of


representatives except the unique representative self-government of Lachen and
Lachung. In fact, the agitation of the people in 1949 and the introduction of a
popular government headed by Chief Minister Tashi Tshering necessitated the
introduction of associating representatives of the people chosen through election.
Negotiations were made with two political parties namely, Sikkim state congress
and National party for constituting an elected state council. An all-party agreement
evolved a 'parity' 1 to provide a council consisting of 17 seats reserving 6 seats for
Bhutia-Lepcha, 6 seats for Nepalese and 5 seats to be dominated by Maharaja at
his discretion . Later an all-party agreement agreed upon the scheme of electorate
and method of election in the year 1952. 2 Based on these a Proclamation defining
the constitution and function ofthe state council was issued on 23 Marrch, 1973. 3

Council Election: 1953

On Darbar Day, February 14, 1953 the Dewan announced the plans of
Maharaja for council elections4 to open a new era in the Constitutional history of
sikkim.

There were four territorial constituencies for the purpose this election, namely,

1. Gangtok Constituency-covering all areas of Eastern Tashil. i.e Rangpo-


Mangan.

2. North-Central constituency-covering all areas of the East other than the areas
of Gangtok constituency

3. Namchi-Constimency covering areas of Western Ta3hil-west of river Tista to


river Rangit
253

4. Pemayangtse .Constituency-covering Western Tashil other than the ·areas


included in N amchi Constituency

Table-!: 1953 Elections


Party No of seats No of seats won Reserved for
contested community
Sikkim State 6 6 6Nep
Congress
National party 12 6 6B-L
Rajya Praja 5 NIL NIL
Sammelan
Scheduled Caste 2 NIL NIL
League
Nominated by 5 5 3 B-L
Maharaja 2Nep
B-L means Bhutia - Lepcha
Source, Sikkim, Sikkim Darbar Gazette, Vol. III No. 2 1953, Gangtok, Sikkim
Govt Press, 1953.

In the above election the voting behaviour reflected the community bias of the
· thre.e ethnic communities and religion.

State Council Election: 1958 ·


254

According to the proclamation of 1953 the election for the State Council
took place in 1958. The ·composition and seat allotment of the council was
modified in the public interest according to the proclamation of the Maharaj 1958
5
. According to it the arrangement of seats were as follows

Table -II

For Bhutia-Lepchas 6

For Nepalese 6

General 1

Sangha* 1

N aminated by Maharaja 6

Total 20

(* Sangha seat stands for reservation for monasteries to recognize the Buddhist
marks in the administration of the seat - a unique feature)

The members were elected from the four territorial constituencies. In this
election a condition was imposed that the person contesting the election must be a
permanent resident of sikkim.

Table-III : Community wise Distribution of contestants and Elected


Representatives

Constituency No of seats No of contestants No. of candidates


Elected

Sangha , 1 (1) 2 1

North Central 1 Nep + 2 BL (3) 8 2 BL + 1 Nep (3)

Pemayangtse 2 Nep + 1 BL (3) 9 1 BL + 2 Nep (3)


255

constituency

Gangtok 1Nep+2BL(3) 10 3 BL (3)

Namchi 2 Nep + 1 BL (3) 1 BL + 2 Nep (3)

Total 5 13 13

Source: Sikkim. Sikkim Darbar Gazette, Gangtok, Sikkim Govt press.,Vol. VIII
No 7, October 1958.

BL candidates contested mostly from state congress and Nepali candid~tes

contested from National Party ticket. The voting pattern was communal

Since three members namely Kashi Raj Pradhan (Namchi), Naku1 Pradhan (North-
Central) and Sonam Tshering (Gangtok) adopted unfair means in the above
election their election from these three constituencies was declared void and they
were barred from contesting-election for six years. Later it was revoked and as a
result kashi Raj Pradhan and N akul Pradhan were ordered to be suspended for six
6
months while Sonam Tshering was disqualified for three years.

By 1960 the party position in the council after the bye election was

Table-IV

Sikkim National Party (Kazi led swatantral Dal and 4 '


the dissidents of State Congress)

National Party 5

State Congress 3

The next election was due in 1961. The proclamation of Sikkim Subject
Regulation, 1961 7 caused resentment ameng the Nepali people. The Political
Parties agitating demanded for its revision, to form a political reforms committee
256

to hold the elections on the basis of non communalism and equality of rights of the
people and introduction of a fully responsible government. After arriving a
political agreement on the subject regulation the demand for the council election
-.1

was pressurized. In spite of the tact the announcement of the election was made
the Sino-Indian conflict 1962 forced for the postponement of the election until
further notice. The executive council was allowed to continue until further election
and order8.

Council Election : 1967

In this election Sikkim was divided into 5 territorial constituencies, one


general constituency and one Sangha Constituency alongwith increase in the
strength of the council from 20 to 24 members.

The split up is as follows 9 :

14 Members from the territorial Constituencies (7 BL + 7 Nepalese)

1 Member from the General Constituency

1 Member from reserved Scheduled Casts Constituency

~1 Member from the Community Tsongs (Limbus)

1 Member from the Sangha Constituency

6 Nominated by Chogyal

24 Members.

Kazi Lhendup Dorji was elected from the General Constituency.

Besides 1 each for Tsongs, Scheduled castes and General, the five territorial
Constituencies were : Comprising of Constituency 11
257

Table-V

1. Gangtok Town Constituency 3: 1 BL+ 1 Nep

2. East Constituency 3: 1 Nep + 2 BL

3. South Constituency 3: 1 BL + 2 Nep

4. West Constituency 3: 1 BL + 2 Nep

5. North Constituency 3: 1 Nep+ 1 BL

Altogether 87 candidates filed nominations and after scrutiny 73


contested 10, representing the candidates of Sikkim National Party, National
Congress, State Congress and the Sikkim Scheduled Caste League contested the
election. 12

Table-VI : Results

The Sikkim National Congress 8 seats

The National Party 5 seats

Sikkim State Congress 2 seats

National Congress 1 seat

Tsongs (Independent) 1 seat

Scheduled Caste (Independent) 1 seat

Total 18 seats

The voting was based on communal voting.


258

Council Election: 1970

In this election the Constituencies, arrangements, system of election,


qualifications and franchise were retained in accordance with the norms of 1967.
The election was conducted by an Election Committee 13 . Altogether 97 candidates
were in the fray after scrutiny14 . All political parties contested mostly on a
common agenda as the votaries of democracy and to increase the fullest
participation of the people in the government 15 .

Table-VII : Results, 1970

Party Number of seats won

National Party 5

Sikkim National Congress 7

Sikkim State Congress 4

Sangha 1

Tsong (Independent) 1

Total 18

Source: Sikkim, Sikkim Darbar Gazette, Ext. Gaz. No. 35, May 5, 1970, Gangtok,
Sikkim, Govt. Press, 1970.·

In . this election too the pattern of voting was communal basis and
communal party identification. The newly formed Janta Party was routed in this
election. The Sikkim National Congress emerged as a strong democratic force.
259

Council Election : 1973

That was a complex situation during 1973 elections in Sikkim. It was a


trend of supporting Darbar especially by National Party while other political
parties struggled to strengthened the goals of democratic government. A new party
was born by name Sikkim J anta Congress merging both Sikkim State Congress
and Sikkim Janta Party. That was three cornered contest of Sikkim National Party,
Sikkim Janta Congress and Sikkim· National Congress. 92 candidates filed
nominations for 18 elective seats 16 .

Table-VIII : Results, 1973

Political Parties No of Candidates declared elected

Sikkim National Party 9

National Congress 5

J anta Congress 2

Schedule Caste Constituency 1

Sangha 1

Total 18

The voting behaviour and pattern of election were purely communal.

May 8, 1973 Agreement

The Sikkim National Congress and Sikkim Janta Congress described the
election as the product of rigging. Owing to this the government charged and
arrested K.C. Pradhan which roused the auger of the youths in Sikkim. The
movement ended with a happy note that both Chogyal·and the President of JAC,
Kazi Lhendup Dorji coming to a negotiation that an all party meeting would be
called to through out the question of future setup in Sikkim and other problems
agitating the minds of the people in Sikkim. This political turmoil that rocked the
260

State ultimately led to the signing of the Tripartite Agreement, on May 8, 1973
popularly known as May 8, 1973 Agreement. This agreement postulated the
formation of a 'Responsible Government', to extend wider legislative and
executive powers to the elected representatives and a system of election based on
adult suffrage which would give equitable representation to all sections of people
on the basis of 'one man one vote' doing away with the communal representation.
The striking feature of the agreement was that these shall be an assembly (instead
of a council) to be elected every four years and the election to be conducted under
the supervision of a representative of the Election Commission oflndia17 .

Assembly Election: 1974

The Election of the New Assembly of Sikkim was based on the proclamation of
Sikkim subjects 18 , 1974.

The proclamation mainly focused on the rules and methods of election to


Assembly, such as:

For the purpose of election to Sikkim Legislative Assembly, the State was divided
into 31 territorial Constituencies and one Sangha Constituency.

The Assembly consisted of32 elected members and the composition was:

15 reserved for BL origin

15 reserved for Sikkimese Nepali

1 reserved for Scheduled Caste Sikkimese Nepali

1 reserved for Sangha

32 Total

The election was to be conducted on the basis of adult suffrage. The Sangh::t
member to be elected by an electoral college and the electors of Sangha are not
eligible to cast vote for any other Constituency. The candidates contesting election
must be a citizen of Sikkim, 25 years of age and above.
261

Election to be conducted under the supervisiOn of the Election


Commissioner representing Election Commission of India. Rules for election if
any required may be framed by the Govt. of Sikkim in consultation with
Govemme~t oflndia 19 .

In this election these were 31 territorial constituencies and one Sangha


Cons.tituency.

In order to contest the election candidates must be citizens of Sikkim and


must have obtained 25 years of age. R.N. Sen Gupta, lAS was the representative
of the Election Commission of India was appointed Election Commissioner for
Sikkim.

Sikkim Congress (merging Sikkim Janta Congress and Sikkim National


Congress) and Sikkim National Party were in the fray. Out of 120 nominations 81
candidates (including independents) contested after the scrutiny of nominations.
Common ballot boxes and ballot papers were used instead of the earlier practice of
pasting symbols on the ballot boxes. The ballot papers were containing the name
of candidates contesting and their respective election symbols - allotted to them A
proclamation was also promulgated viz. the Sikkim Election Offences and Corrupt
Practices Act, 1974, containing rules relating to public meetings, disorderly
conduct, offences, election meeting etc. similarly another notification was issued
relating to counting ofvotes20 . Three members were elected unopposed.

Table - IX : Election, 1974 : Results

Party No. of Elected Representatives/ Members

Sikkim Congress 31 (including 3 unopposed)

Sikkim National Party 1

Independents 0

Total 32
262

Source: Sikkim, Sikldm Darbar Gazette, No: 55, April30, 1974, Gangtok, Sikkim
Govt. Press, 1974

The Sikkim Congress led by Kazi Lh~ndup Dorji secured overwhelming


majority.

For the first a lady member by name Hemlata Chettri was elected from
Geyzing Constituency of West Sikkim. The newly elected Sikkim Assembly met
on 11th May 1974 and its first task was to adopt constitution bill and passed the
same on June 28, 1974 which became with the assent of the Chogyal 'the Sikkim
Constitution Act, 1974' to give associate status to Sikkim. The Sikkim Assembly
formed through the elections of 1974 with 32 members became finally Legislative
Assembly of Sikkim.

POST MERGER ELECTIONS

SIKKIM: AN ANALYSIS OF ITS ELECTIONS 1979-1999

The erstwhile system of Government in Sikkim was an absolute monarchy


assisted by a State Council. Originally members of the Council were nominated
and later on they were partly elected. The members of the Council were appointed
on the basis of "Parity" giving adequate representation to various ethnic
communities/races. The "parity" practice has been a kind of safety valve in the
intricate ethnic complexity of Sikkim. It was introduced to safeguard the interests
of the three ethnic races viz. Bhutias, Lepchas and Nepalese in Sikkim and to
promote communal harmony.

The emergence of the party politics in Sikkim can be traced back to 1940s.
The birth of an organized political party in the form of Sikkim State Congres was
directly the impact of the Indian National Congress. The then popular leaders in
Sikkim such as Tashi Tshering. Kazi Lhendup Dorjee, D.B. Gurung. C.D. Rai,
D.S. Lepcha, Sonam Tshering, B.B. Gurung. L.B. Basnett and many others were
263

inspired by democratic struggle waged by the Indian National Congress for the
Independence of India. The Congress programme of broadening of democratic
base and liquidation of feudalism deeply impressed thes·e leaders of Sikkim. As a
result, the Sikkim Congress started striving for : (i) abolition of landlordism, (ii)
formation of a popular interim Government, and (iii) Sikkim's merger with India.
Later on a number of political parties emerged to support, interact with and
counter these moves in Sikkim.

However, real wave for a democratic movement and merger of Sikkim with
India had its roots in 1973 revolution when the popular forces favoured merger
with India through a referendum (Sinha, 1975: Chakaravarthi 1988).

Electoral Politics
Immediately after the merger, Sikkim adopted a unicameral legislative
system in the name of the Sikkim Legislative Assembly. Further Sikkim is allotted
one seat each in Lok Sabha and Rajya Sabha. The Sikkim Legislative Assembly
(SLA) comprises of 32 members and they are directly elected by the people on the
basis of 'one man one vote' and universal adult suffrage (Sinha, 1975). It was
much in contrast with the traditional 'communal voting system'. The fact that
Sikkim has a mini legislative provides it with a cartload of distinctive features in
its composition. Originally the 'State Council' (later on Sikkim Legislative
Assembly) had 17 members.

As mentioned earlier the 32 members of the Assembly before 1979 were


based on a parity formula as given in Table X.

Table-X: Composition of the Sikkim Legislative Assembly between 1974

Sl.No. COMPOSITION SEATS ALLOCATED

1 Bhutia-Lepchas (BL) - (Scheduled Tribes) 15

2 Nepalese 15
264

3 Scheduled castes (Nepalese) 1

4 Sangha (Monastic monks/Monasteries) 1

Total 32

Before 1979; the Sikkim Legislative Assembly was based on the mandate
of 1974 election and the members were allowed to continue soon after Sikkim's
merger .with India. These 32 members belonged to Sikkim Congress and
immediately joined the Indian National Congress. This is how a national party
established a foothold in an exclusive domain of regional political actors.

Then all these 32 seats were reserved for Bhutias, Lepchas, Nepalese,
Scheduled Castes" (Nepalese) and Sangha. The Sangha constituency is a unique
feature of not only Sikkim but also for the whole of India. It is a reserved seat for
the representation of the monasteries of Sikkim as a whole and their Lamas.
Basically it aims at protection of the interests of the Buddhist minonty. This
Constituency was always considered to be above petty party politics as always a
lama was elected unopposed to represent this constituency. For the first time, a
Sangha candidate supported by J anata Pari shad won and the candidate was given a
·-Minister's rank in the cabinet in the year 1979. The continuation of Sangha seat
may run ·counter to articles 170, 332 and 335 of the Indian Constitution and the
secular values of the country though it cannot be termed as unconstitutional.
However, the Sangha constituency keeps alive Buddhist identity in the State of
Sikkim.

Sikkim Legislative Assembly Election:.1979

Following the resignation of Kazi Lendup Dorji Khangsarpa's ministry and


the subsequent failure of constitutional machinery President's rule was imposed
I

for the first time in Sikkim in1979. In fact, the assembly during this time was
continuing in the extended (sixth year) period because elections to it was held in
265

the year 1974. Immediately after the imposition of President's rule. Since the
Houses of the Parliament were not in session, the 'President's rule in Sikkim was
unable to continue. Hence, the Election Commission of India ordered for a fresh
election to the Assembly. At this time the president of India issued the
"Representation of the peoples (Amendment) Ordinance, 1979" (Bill No. 79 of
1979)21 for amending certain provisions of the Representation of the peoples Act,
1951 and Delimitation of Parliamentary and Assembly Constituency Order, 1976.
This redistribution of seats culminated in the declaration of 17 open/general seats
(Table 3) doing away with ~he parity based reservations as maintained between
1974 and 1979 in Sikkim for Nepalese.

Table-XI : Composition of Sikkim Legislative Assembly after 1979

CONSTITUENCIES

SN Districts Scheduled Scheduled General Horizontal


Tribes Castes Total

1 North 3 0 0 3

2 South 1 1 5 7

3 East 6 1 5 12

4 West 2 0 7 9

Total 12 2 17 31

5 Sangha-(Common to all 1
four districts)

Grand Total 32

(Source: Chakaravarthi, Frontline. April1985)


266

The OCtober 1979 election to Sikkim Legislative Assembly was conducted


in accordance with the new parity formula and it was considered to be the first
democratic election. It was for the first time 17 seats were declared general (Table-
XI) and plainsmen were also given both the rights to exercise franchise and to
contest elections in Sikkim. But it was difficult for the plainsmen to win elections
because of the very composition and geographical distribution of the electorates.

For the first time elections in Sikkim were conducted under the direction of
the Election Commission of India and Indian election laws. The electorates were
provided for the first time, in the country Identity Cards affixing their
photographs, names, addresses and constituencies. The presiding officers of each
polling station were also provided with electoral list and Identity Card albums of
the electorates. But production of Identity Cards was not made a pre condition to
cast votes.

Separate ballot boxes and ballot papers were provided for casting votes to
Sangha constituency and for the first time the Sangha constituency was contested
by two candidates supported indirectly by political parties. ~ore than seven
political parties and independent candidates were in the fray. Therefore, it was an
eight cornered contest. National parties such as Indian National Congress (U),
Janta Party, CPI (M), regional parties, viz., Sikkim Janta Parishad (SJP),Sikkim
Congress (Revolutionary), Sikkim Prajatantra Congress (SPC),Sikkim Scheduled
Caste League and other independents contested the election.

The total registered electors were 1, 70,640. Election was conducted for 31
constituencies as the election in Khamdong constituency (SC) was countermanded
on account of death of a candidate. Finally 247 candidates contested the election.
One candidate Bhim Bahadur Gurung contested from two constituencies viz.,
Chc:.khung and Jorethang-Naya Bazaar. There were 12 w~men in the fray (Election
Report, 1980).
267

L.B. Basnett of SJP . won the seat of the most prestigious Gangtok
constituency securing the largest number of votes. It is the most prestigious seat
because it contains a sizeable percentage of plainsmen. L.D. Kazi the former Chief
Minister of Sikkim was defeated by a SJP candidate B.B. Gurung who won from
both constituencies and retained J orethang seat. Bye-elections to Khamdong and
Chakung constituencies were conducted alongwith the Parliamentary Election
(Lok Sabha) 1980.

Table-XII :Results: Sikkim Assembly Election: 1979

SN Party Seats Secured

1 SJP 16

2 SC(R) 11

3 SPC 3

4 INC (U) Nil

5 Janta Nil

6 Sikkim SC League Nil

7 CPM Nil.

8 Independent (Sangha) 1

Total 31

(Source: Election Report, 1979-80)

Sikkim Janta Parishad founded and led by Nar Bahadur Bhandari was able
to secure absolute majority and formed a new goverriment for the first time based
on a regional party taking the support of the independent Sangha candidate. Later
268

on Bhandari's SJP consolidated its hold as many of the elected members of the
SC(R) defected to his party.

Attractive Manifestoes and Government Formation

Sikkim J anta Parishad had fought the election with very impressive slogans
such as "ushering democracy, destroy communalism, discontinue divisive policy,
and we are ready to lay our lives. We will obtain the rights of the Sikkimese. This
party if returned to power is commited to giving the Sikkimese people back their
self-respect and sense of dignity." (Election Manifesto of SJP, 1979)

The Sikkim Congress (Revoluntionary) on the other hand, had maintained


"democracy" secularism and socialism. "Down with the Bill no. 79. Down with
communalism: 'Fight for your rights"', as the main electoratoral planks. The
president of the Sikkim Congress (R) R.C. Poudyal did not contest 1979 Sikkim
Assembly election as a protest against the Bill No. 79. which had done away with
the erstwhile reservation for Nepalese in the Assembly which existed till 1979
(Election manifesto SC(R) 1979).

Immediately after the assumption of office Bhandari replaced Central


Reserve Police Force (CRPF) with Sikkim Armed Police (SAP) from various State
Government offices and Ministers' official residences. Slowly he tried to put an
end to the influx of deputationists from. Government of India and other States to
Sikkim. He overhauled the entire administrative set-up in accordance with the
change needed. As the then Governor B.B. Lall was serving in the extended period
of sixth year. Bhandari reminded the Centre to appoint a new Governor. As a
result a politician cum diplomat Governor H.J.H. Taleyarkhan was appointed.
Bhandari rechristened his party Sikkim Janta Parishad as 'Sikkim Parishad' m
order to give a distinct identity to the State of Sikkim and his leadership.

In the bye-decision to the Sikkim Legislative Assembly for Khamdong and


Chakung held alongwith Sikkim Parliamentary Constituency election in 1980.
269

Sikkim Parishad won all the seats. The honeymoon between Sikkim Parishad and
Congress (I) (which caJJ?.e to power in 1980 at the centre) reached its heights when
Bhandari enbloc joined Congress (I) with his team in 1981. Therefore it is more of
a phenomenon of conversion rather than defection politics - i.e., regional
adaptation of a national party. Bhandari thus became the second Congress (I)
Chief Minister of the State Sikkim.

Unfortunate Dismissal

In the midst of this growing healthy political signs in Sikkim under the
leadership ofN.B". Bhandari there occurred the most unfortunate and undemocratic
dismissal of Bhandari (a costly blunder of Congress (I) High command) as Chief
Minister of Sikkim in May 1984 by the then Governor of Sikkim H.J.H
Talayarkhan supposedly under article 164 ( 1) of the Constitution of India stating
that 'Bhandari ceased to command his pleasure'. He appointed under the same
provision in his pleasure B.B. Gurung from Congress (I). B.B. Gurung assumed
office as the third Chief Minister of Sikkim and the same survived hardly for 13
days. As a result of the failure of constitutional machinery. Sikkim was once again
brought under President's rule for the second time in the year 1984?2

No sooner Bhandari was dismissed; he left Congress (I) m disgust


alongwith his majority of legislators. He hoisted his own red and white flag,and
founded a new regional party namely Sikkim Sangram Parishad {SSP) with the
elephant as its election symbol. The newly founded SSP contested December 1984
Lok Sabha elections and March 1985 Sikkim Assembly elections with a new
manifesto. The manifesto of SSP Stated that "this party has emerged as a result of
the illegal and undemocratic dismissal of his Government due to which the whole
fabric of democratic institutions and constitutional norms in Sikkim were put at
peril". Moreover, the SSP with a promise to protest and preserve the interests and
rights of Sikkemese pledged itself to foster communal harmony, national
270

integration, secularism and development of Sikkim with a focus on safeguarding


the edifice of the hard won freedom and democracy. (SSP, Manifesto, 1984)

The SSP contested both Lok Sabha and Sikkim Assembly elections 1984-85 on
the following five main issues.

I. Restoration of seat reservation to restore parity and maintain reserved seats


for Sikkimese Nepalese as originally contained before merger and under
article 371 F( 1) of the Constitution of India.

II. Citizenship for people rendered Stateless in Sikkim and to fix the cut off
year at 1970.

III. A son of the soil safeguard to preserve local identity to give all Government
jobs and trade licences to the Sikkim people.

IV. Constitutional recognition: the State's lingna-franca viz., Nepali language


commonly spoken by majority of the people in Sikkim to get constitutional
recognition under VIII Schedule of the Indian constitution.

V. To alter Centre-State Relations: for demanding more financial and political


freedom for the States of the Indian Union and to extend support for
constitutional amendment (taking into account the role played by
Governors in Sikkim. Andhra Pradesh and J & Kin the year 1984) to the
concept of State Government continuing in power in the pleasure of the
Governor (SSP Election Manifesto 1984, 1985; Chakaravarthi, 1987.
1988).Z3

Sikkim Legislative Assembly Election: 1985

In the one day poll of March 1985 four national political parties viz., Congress-
!, Janta Party, CPI, CPI(M) and two regional parties viz., Sikkim Sangram
Parishad and Sikkim Prajatantra Congress, an unregistered political party in poll
alliance with Himali Congress and the Gorkha League and a number of
independent candidates contested the election. Altogether some 195 candidates
271

were in the fray. In the most prestigious Gangtok constituency. 12 candidates


including Dil Kumari Bhandari-SSP (wife of N.B. Bhandari) were fighting the
elections. Besides there were three former Chief Ministers, 14 ex-Secretaries of
the Government of Sikkim and 10 women candidates who contested from various
constituencies (Chhabra, 1985).

Campaigning Style

As compared in 1979 and other prevwus elections, the 1985 elections


demonstrated sophistication in campaigning and a distinct political maturity of
both people and political parties. The Sikkim Sangram Parishad led by the former
Chief Minister N.B. Bhandari swept the polls. He was the only former Chief
Minister to win this fiercely contested election. All the ten women candidates, an
ex-IPS officer, two ex-Secretaries and eight ex-Ministers had to bite the dust.

Table-XIII: Results: Sikkim Legislative Assembly Election 1985

SN Party Seats Secured

1 SSP 30

2 Congress 01

3 Independent 01

Total 32

A noteworthy feature of the election of 1985 in Sikkim was the victory of a


plainsman Balchan Sarda (ex-Chairman of Gangtok Municipality) from the
prestigious Gangtok constituency. "It was the pJainsmen 'vote bank' that backed
him solidly to defeat the SSP candidate D.K. Bhandari, a gentle first lady of
Sikkim and one of the strong architects of Bhandari's Sikkim San gram Parishad".
272

In fact, her defeat in this election laid the strong foundation for her to play a
crucial role in the future politics of Sikkim.

Yet another remarkable feature of this election was that from Kabi-Tingda
(ST) constituency or from leaders of north Sikkim, the Congress (I) won without
any strong local political support. The fact that Bhandari's SSP won 30 out of 32
seats largely reflected the blatant and unjustified way his government was
dismissed just a couple ofmonths back. R.C. Poudyal who contested in INC ticket
was defeated.

The nature of SSP's sweep also manifested its widely based representative
character. Bhandari for the second time assumed office as fourth Chief Minister of
Sikkim with his 11 members' Cabinet team. This handsome pay off in the election
was due to the political shrewdness, resourcefulness and formidable personal
charisma of Bhandari. He paid meticulous attention to the grassroots, picked up
sensitive issues, put them in an attractive manner with catchy slogans and floated
it to the people.

Sikkim Legislative Assembly Elections: 198924

In the election to the Sikkim Legislative Assembly held in the year 1989
the total registered voters were 1,92,619 (1,00,942 males and 91,677 females).
Finally 118 candidates contested the election. Indian National Congress (I), two
regional parties namely Sikkim Sangram Parishad and the Rising Sun party of
R.C. Poudyal and many independent candidates contested. It was therefore, a four
cornered contest. Sikkim Sangram Parishad and the Rising Sun Party were the
main rivals. The turnout of electors for polling was recorded at 70 per cent.

Table-14 explains the election results in terms of total electors, votes polled and
the performance of SSP.

Table-XIV: Results: Sikkim Assembly Election 1989


273

SN Total Votes Votes Polled By


Electrotes

Poled Valid SSP RSP Densong INC lnd


Chogpa

1 1,92,619 1,39,227 1,33,619 94,078 11,472 298 24,124 3,647

Source: Pradhan. P .K. Report on General Elections in Sikkim: House of the


people & Sikkim Legislative Assembly, 1989, Gangtok, Sikkim Govt Press, 1990.

In all the constituencies, Bhandari's SSP was declared elected securing all
32 seats in the State Assembly. This was a record in the Government and politics
of not only Sikkim but also in the country. This was something unique and
unheard of. All political parties in the State of Sikkim contested elections more or
less with the same programmes i.e. based on the basic issues of Sikkim such as seat
reservation, recognition of Nepali language and to promote cordial Centre-State
relations. Bhandari again assumed office for the third time as the fifth Chief
Minister of Sikkim with 11 in members Cabinet. Though the Rising Sun Party
strived its level best under the leadership of Poudyal but all efforts went in vain.
The identity of Congress (I) in this election was completely smashed and once
again the people showed their allegiance to Bhandari and his party, SSP.

SSP's soaring victory in the 1989 Assembly election in Sikkim further


confirmed the unquestionable leadership and statesmanship of Bhandari. He, in the
span of the last 14 years has emerged to be an uncrowned monarch of Sikkim. His
coming back to power in a way reflected the people's preference for a regional
party. It reposed faith on Bhandari's commitment to the principle of "Son of the
Soil".

The Rise of Sikkim Democratic Front (SDF) Its coming to Power and
Performance
274

The politics of Sikkim took a different shape when Pawan Kumar


Chamling a close associate and cabinet minister of N ar Bahadur Bhandari left
Sikkim Sangram Parishad and established his new regional party viz., Sikkim
Democratic Front in the year 1993. He became the lone opposition member and
leader on the floor of 32 member Sikkim Legislative Assembly. Slowly he built
his Sikkim Democratic Front from the grassroots and people from all walks of life
gave support to him and his newly founded party SDF: While his party was
gaining momentum in the State the incident which took place in May 1994 gave
further impetus to strengthen the role of his party and establish his leadership. That
was the time the then ruling SSP led by N.B. Bhandari was divided into SSP (S)
and SSP (N). The SSP (S) led by Sanchaman Limboo with the then 18 sitting
MLAs of the Assembly, hoisted his flag and became Chief Minister of Sikkim.
The imposition and extension of Indian Income Tax Act, 1961 in Sikkim added
fuel to the Political Crisis. N.B. Bhandari was defeated in the vote of confidence
and Sanchaman. won it. In the trial of strength, the SDF leader Pawan Kumar
Chamling played the politics of absention. No sooner winning the confidence
Sanchaman Limboo defected to Congress-I and ran the ministry till
November/December 1994. Sanchaman Limboo defecting to Congress-! gave
further chances for SDF to build itself stronger. Finally the election for
constituting 5th Sikkim Legislative Assembly was announced by the Election
Commission of India and Sikkim went to polls in November 1994.

Election in Constitute the Fifth Sikkim Legislative Assembly25, November


1994

In this election in the State Legislative Assembly 276 candidates filed


nominations, 15 w~re rejected, 57 candidates withdrew and ultim£;.tely 186
candidates including 18 women were in the fray. That was a seven cornered
contest of three national political parties, three regional parties and many
275

independent candidates. The main rivals were Sikkim Sangram Parishad and
Sikkim Democratic Front i.e. Bhandari Vs Chamling. Though electoral identity
cards were issued to the electors the production of identity cards for casting vote
was not made compulsory or a pre-condition.

In this election there were 2,17,446 (1,14,009 Male and 1,03,437 female)
electors. The Sangha constituency consisted of 3085 electors. A record of 80 per
cent electors cast their votes. The east district as usual consisted of highest number
of electors including a sizeable plainsmen while the north district consisted least
number of electors.

Manifesto of the SDF

All political parties contesting the election projected their programmes as


usual. The newly founded SDF's Manifesto (SDF Patra 1994 & SDF Manifesto
1996; Chakaravarthi, 1996) was presented to restore democratic rights and to stop
autocratic regime in the State.

The salient features of SDF manifestoes can be summarized as follows:

By and large, the above programmes of the SDF manifesto of 1994


Assembly election stand for poverty alleviation, upliftment of the downtrodden,
decentralized administration, communal harmony and all round development of
Sikkim. As pointed out earlier; all other political parties too projected certain
26
common basic issues relating to Sikkim in their election manifestoes.
276

Table- XV: Results of 1994 Sikkim Legislative Assembly Election at a glance

Sl.No. Parties Seats

1. Sikkim Democratic Front (SDF) 19

2. Indian National Congress (INC) 02

3. Sikkim Sangram Parishad (SSP) 10

4. Independent(lJLF) 01

Total 32

Source : Sikkim, 'Report on General Election to the Sikkim Legislative Assembly,


1994', Gangtok, Govt. Press, pp.25

An analysis of the results of Sikkim Legislative Assembly election 1994


reveals certain interesting facts. The CPI(M) and Rising Sun Party (regional) were
completely routed. The then Chief Minister Sanchaman Limboo, the then sitting
M.P. Dil Kumari Bhandari (Lok Sabha) several ex-ministers and other veterans
faced utter defeat: No plainsmen were declared elected. Several persons' deposits
were forfeited. Since 1979 to 1989 Sikkim witnessed a Bhandari wave and in this
election it saw and SDF- Chamling wave. It proves that only a regional party with
a .locally based strong leader can win elections in Sikkim. The performance of
Congress-! though improved the lesson that the election 1994 provided was that it
must get itself established organizationally with a serious locally based leader and
then fight elections in Sikkim. It is true in the case of other national political
parties too which contested elections. Still the two seats the Congress-! had won
represent a comparative progress made by it over the years. Coming to SDF, it had
to still organize itself in the east district of Sikkim. History repeated in the case of
independtnt candidate Ashok Subba (ULF) who emerged like that of Balchand-
Sarda (in 1985) the lone candidate elected from the prestigious Gangtok
277

constituency. Ashok Subba's success from West was remarkable because he


defeated the then Chief Minister Sanchaman Limboo. The composition of the
assembly constituted in November 1994 election paves way for its democratic
functioning both within and outside the legislature. It is also interesting to note
that a woman candidate from SSP ticket won and ultimately defected to the ruling
SDF.

As per normal procedure a thirteen member cabinet/ministry headed by


Pawan Kumar Chamling assumed office in December 1994. Excepting the Chief
Minister others were new to their offices. The ministry was well balanced with
adequate representation to all three ethnic races scheduled tribes and castes.
Chakra Bahadur Subba was unanimously appointed speaker of the Assembly. The
most unique feature of the ministry is the introduction of a new office viz., the
office of the Deputy Chief Minister. P.T. Luksom from Lepcha community was
first to be appointed Deputy Chief Minister of Sikkim. The ministry had also
accommodated a minister from Scheduled Caste Community. In the post merger
history of Sikkim, Pawan Chamling is the first Chief Minister to expand the
Council of Ministers/Cabinet. In May 1997. He included four ministers who
defected from Sikkim Sangram Parishad to Sikkim Democratic Front. The
strength of the Cabinet consisted of 17 Ministers and it constituted the absolute
majority of the total strength of the Assembly. For the first time the cabinet
included a woman minister that too from Bhutia tribe and the credit goes to Pawan
Chamling to include her. Owing to certain developments in the ruling Sikkim
Democratic Front, the Chief Minister Pawan Chamling recommended the
Governor of Sikkim to drop a minister from the Cabinet and the Deputy Chief
Minister of Sikkim was dropped. As a result the office of the Deputy Chief
Mini'3ter remained vacant. The main assumption of the party on assuming power
was to promote cordial Centre-State relation and call itsdf a government of the
278

bare footed people and restore democracy to build a 'New Sikkim and Happy
Sikkim'.

The sixth election to Sikkim Legislative Assembly 1999 was one day Poll
and was held simultaneously with the Lok Sabha Election 1999. There were
2,55,377 electors (1,32,591 men + 1,22,786 women) There were altogether 336
polling stations. The east district during the election consisted of highest number
of electors i.e., 1,13,107 Damthang constituency from which Pawan Kr Chamling
contested recorded the highest polling i.e., 72.26 and the lowest record was at
Kabi Tingda (B.L) Constituency (North Sikkim): 43.06%. It was a five cornered
tight of two regional political parties, two national party and independents. The
Sikkim Democratic Front (SDF) and Sikkim Sangram Parishad were the two main
rivals. The president of SSP. N.B. Bhandari contested from both Soreng and
Rhenock. Results 27

Table-XVI

Sikkim Democratic Front 24

Sikkim Sangram Parishad 7

Independent Sangha 1

32

The Congress (I) (INC) CPI (M) and independents were rout and in many
constituencies their deposits were forefeited. Thus Jiawan Chamling and his party
made a came back maintaining a record of sweeping the polls from south and west
Districts.
279

Table-XVII: Sikkim: Constituencies Reservations Polling Stations & Electors'99

Name Of Main Polling Aux Polling Total Total


Constituency Stations Stations Electors

Yoksam(UR) 10 W.SIKKIM 1 11 7665

Tashiding (R/BL) 13 " 0 13 6012

Geyzing (UR) 8" 2 10 7522

Dentam(UR) 9" 1 10 6934

Barmiok (UR) 7" 2 9 6422

Rinchenpong (R/BL) 11" 0 11 7325

Chakung (UR) 9" 0 9 7542

Soreong (UR) 8" 2 10 8506

Daramdin (UR) 8" 2 10 8268

Jorethang 12 S. SIKKIM 1 13 10690


. (Nayabazar) (UR)

Ralong (R/BL) 12 " 1 13 5867

Wak (UR) .8" 1 9 6143

Damthang (UR) 10 " 1 11 8378

Melli (UR) 12 " 0 12 8355

Rateypani (West 12 1 13 8694


Pendam) (R/SC)

Temi Tarku (UR) 12 0 12 9120

Central Pendam, East 11 E. SIKKIM 4 15 11195


Pendam(UR)

Rhenock (UR) 10 1 11 7576

Regu (UR) 8 1 9 8286


280

Pathing (R/BL) 13 1 14 8556

Loosing Pacheykhani 8 1 9 7056


(UR)

Khamdong (R/SC) 11 0 11 9177

Djongu (R/BL) 11 N.SIKKIM 0 11 5456

Lachen Mangshila 10 0 10 7296


(R/BL)

Kabi Tingda (R/BL) 7 0 7 5332

Rakdong Tintek 8 E.SIKKIM 1 9 7115


(R/BL)

Martam (R/BL) 10 0 10 8398

Rumtek (R/BL) 10 2 12 10555

Assam Lingjey 8 1 9 7467


(R!BL)

Ranka (RJBL) 10 5 15 9004

Gangtok (UR) 10 5 15 13000


HIGHEST

Sangha 51 0 51 3278
(R!LAMAS/MONKS) (MONASTERIES) LOWEST

Total 351 35 386 252190

UR: Unreserved. R. Reserved BL: Bhutia-Lepcha (ST). SC. Sch. Caste: NEPALESE

UR: 17 BL (SCH.TR): 12 SC(NEP): 2 Sangha: 1 TOTAL: 32 seats


281

Elections to Sikkim Legislative Assembly: OCTOBER 1999

A Manifesto of any political party is a public written declaration normally


IS issued before a general or bye election in any given parliamentary and
presidential form of Government. It is to express the promises of a political party
to be placed before the public whether followed or not after winning the election
and forming a government. Such promises remain manifestoes of the parties for
the reason that all political parties cannot capture power and all their programmes
and policies cannot be translated into actions.

In Sikkim, since 197411979 a number of general and bye-elections were


held to both Sikkim Legislative Assembly and the lone parliamentary
constituency. It is for the Sixth time Sikkim went to poll to constitute the sixth
Legislative Assembly and eighth time to elect the member of Lok Sabha.

Here a sincere attempt is made to throw some light on the October 1999
elections in the State of Sikkim and the manifestoes of some of the Political
Parties.

Altogether 105 candidates were contesting for electing 32 members of the


Sixth Legislative Assembly of Sikkim. There were about 2,55,074 electors in the
State. The reservations in the Assembly were:

17 - open/General seats

12- B.L. seats (Schedule Tribes)

2 - Scheduled Castes and

1- Sangha Seat.

The electors of Scheduled Castes, Scheduled Tribes and OBCs outnumbered the
NBC and other electors. The split up of parity wise candidates contesting election
to the Assembly was as follows:
282

Table-XVIII

Sikkim Sikkim INC CPI(M) Independents Total


Democratic Sangram Congress
Front Pari shad (I)
(SDF) (SSP)

31 32 31 2 9 105

Two National Parties, two regional parties and independent candidates were
contesting and the main fight was between the ruling Sikkim Democratic Front
and Sikkim Sangram Parishad. Sikkim Democratic Front contested in 31
constituency and was not contested from Sangha constituency while the Sikkim
Sangram Parishad contested from all 32 constituencies. Similarly the Congress (I)
contested in 31 Constituencies and did not fill any nomination to the Lachen-
Mangshila constituency of North Sikkim. INC, SSP and an independent candidate
contested the unique Sangha constituency. This constituency is a unique one and is
not found elsewhere . in the country as because this seat is represented by
monks/lamas of monasteries and Gumpas spread all over Sikkim. The CPI(M)
maintained its tradition of contesting elections in one or two seats with its all India
character of manifesto. The SDF extended its indirect support to the independent
candidate who contested from the Sangha Constituency.

In the Sikkim Parliamentary Constituency to elect the lone member of Lok


Sabha one each from the ruling Sikkim Democratic Front, Sikkim Sangram
Parishad, Indian National Congress and an independeJ.?.t candidates contested. The
SDF candidate is contested for the third time and was the member of 11th ~nd 1th
283

Lok Sabha. Once again Bhim Prasad Dahal of SDF maintained a record margin
and won against INC and Independent candidates.

Public meetings by various political parties, posters, wall writings,


festoons, distribution of pamphlets, hand bills, playing of audio cassettes with
specially composed songs, installation of special party offices by SDF and SSP in
almost every shopping Centre/Bazars in all towns and villages of Sikkim and
compulsory display of party flags in all shops, were the styles of Election
Campaign in the state.

No ENM/Election Identity Cards were used for this election. Use of


Electoral Identity Card was not made a precondition to cast votes.

Tight security measures and committed personnel and Government servants


were employed for the peaceful conduct of elections in the state.

SDF: The ruling Sikkim Democratic Front Party's manifesto 1999 was released in
. . '
a public meeting. Highlighting the SDF's four and half year's achievements, the
manifesto focused on future social economic and political programmes to be
launched. The manifesto comprised of 88 pages and 130 points with a supplement
for government employees.

The agenda of the party manifesto 1999 revolved round and pledged to
undertake several programmes and in a nutshell it runs thus:
!

• Protection and ~afeguard of Article 371 F of the Constitution of India and


fullest protection to the people of Sikkim.

• To pass Local Laws.

• Inclusion ofChettri, Bahun (Brahmins), and Newar in OBC list.

• Protection of Revenue Order No. 1

• Inclusion of Sikkim in the North-East Council.

• To oppose the imposition and extension of direct laws in Sikkim.


284

Some striking programmes and policies of the ruling Sikkim Democratic Front are
elaborated below.

s Full protection of the Article 371.F. of the Constitution of India. It is with a


view to ensure all-round development, peace, progress and Prosperity of
Sikkim and the people of Sikkim. This article 37l.F was inserted in the
Constitution of India to safeguard and preserve the rights of the people of
Sikkim. in the wake of Sikkimjoining the mainstream of the India Union (since
1975) as 22nd state of India. Therefore, the SDF is committed to safeguard
article 37l.F as it has conferred special rights on the Sikkimese people.

• Local laws will be passed. The SDF holds the view that it has became
imperative pass local laws for the protection of the people of Sikkim so that the
proper plan programme can be implemented in order to ensure speedy growth
of Sikkim in peaceful atmosphere without contradicting postures. The SDF
shall strive to bring about a 'consensus' on local laws of Sikkim for the
protection of rights of people.

• Reservation of seats for Nepalese and Tsongs in Sikkim Legislative Assembly


and the party is committed from the beginning to restore the reserved seats of
these communities. Further it is stated that the demand for restoration of seats
has been placed before the centre on historical grounds.

• Inclusion of Bahun, Chettri and Newar in the list of OBCs which was before
the Government of India

• Protection of Revenue Order No. 1 which was an old law of Sikkim enacted at
the time of the British Government in order to safeguard the landed property of
the minority Bhutias and Lepchas.

• Inclusion of Sikkim in tht.. North-East council owing to the similarities betweeE


the people Sikkim and North-East states and the bill is introduced in the
parliament. The idea is to-foster the economic benefits and as well as political
285

status at the decision making level in various matter concerning the problems
ofNorth-East States and Sikkim.

• SDF is opposed to the imposition of Direct Tax Laws in Sikkim.

• Establishment of libraries in every Panchayat for the benefit of the people and
prepare the youths for various competitive examinations and the people to
acquire knowledge. 28

The Congress-I Viz., Indian National Congress contesting the elections released its
Manifesto 1999 in a Press Conference.

• It assures to overcome the political economic and social demands of the people
ofSikkim.

• Its political Programmes confine to Reservation of the original identity of the


Bhutias and Lepchas. Reservation of seats for the Sherpas in the Sikkim
Legislative Assembly. Realization of the political and other aspirations of the
plains people. To impose fresh delimitation to Assembly Constituencies and
Panchayat wards. To give an additional seat in Lok Sabha as the present is kept
for Sikkimese Nepalese as a tradition.

The Social aspects cover: Inclusion ofLimboos (Tsongs), Tamangs, Mangers,


Rais and others in the list of Scheduled Castes and to include N ewars, Bahuns,
Chettris, Jogis and Sanyasis in the list of OBCs in the State also to recommend to
the President of India under article 342 of the Constitution of India to notify the
Sikkimese Nepalese as Scheduled Tribe of the State. The idea here is that if the
demand is met that would facilitate to restore automatically the reservation of seats
in the Assembly. Further if Nepalese are declared as Scheduled Tribes the next
would be to request Centre to declare the State as a whole a Tribal State which in
tum would provide all the rights, benefits and privileges granted to all Tribal
States of India. The declaration of Sikkim as a Tribal State will be followed by the
demand for inclusion of the Tribal dominated north district of Sikkim to
286

incorporate in the VI schedule of the Constitution of India and to declare the area
as an autonomous district there seems to be a contradiction that while there is a
demand to declare Nepalese as Scheduled Tribes and another programme to
include Newars, Bahuns, Chettris etc. in the list of OBCs.

On the economic front to wave the debt amounting Rs. 1100/- Crores from
exemption of paying income tax for the three ethnic communities.

• To develop Tourism and hydroelectric power potential in the state.

• To open border trade routes with neighbouring countries and to create more
employment opportunities for the youths.

The Congress thus stands commited to the issue raised in the manifesto and
trying to find ways for solving the political economic and social problems of the
state.Z 9

The Sikkim Sangram Parishad (SSP), the main rival to the ruling Sikkim
Democratic Front issued two different manifestoes for Assembly election and
Sikkim Parliamentary Constituency (Lok Sabha) election: its programmes and
policies:

e The SSP regards the Tripartite Agreement of 8th May 1973 as an


indispensable armour and to protect the agreement

• To keep in fact the special article 371(F) ofthe Constitution of India which
safeguards and protects the rights of the people of Sikkim.

• To correct the observation of the order issued in 1978 and to restore seat
reservation that existed before 1978 to Bhutias, Lepchas and Nepalese and
to extend political safeguard for the Nepalese and also fight for reservation
of seats for the Limboos.

• To streamline administration in the state and to root out corruption and


crime from the soil and establish peace and common all harmony.
287

• To see to that there exists independence in the functioning of the judiciary


and functioning of the Lok Adalat for early disposal of the cases of the poor
people.

• To extend full facilities for students those who aspire to study outside the
state.

• To give full facilities for the development of languages and literature of


different sections of Sikkimese Communities. Since Nepali language has
received Constitutional recognition and include in the VIII schedule, time
has come not only to develop its literature but to use in different Ministers
of Government of India.

• To provide adequate facilities and to promote sports career to sports men


and women.

• To initiate educational programme in Sanskrit School and monasteries and


make it more meaningful.

• To increase and get maximum agricultural production with new technical


know how and to provide facilities for activating cash crops along with
agricultural insurance policy in the state.

• To establish co-operative Banks in different parts of Sikkim to provide


loans for the farmers.

• To equip adequate medicines in all hospitals and primary health centres in


the state.

• To improve the source of revenue m power sector, to generate more


power/electricity in Hydro Electric Projects of the state to meet the
demands of domestic and industries' consumption.

• The SSP's Parliamentary Constituency Election Manifesto calls for the


Member of:rarliament.
288

• To promote.cordial Centre- State relations.

• To create a separate Ministry for Sikkim to solve the problems to Socio-


Economic and political affairs.

• To open up small and medium scale industries to solve the growmg


unemployment problem in Sikkim.

• To open Tibet-Trade route through Nathula and Zelepla for creating more
employment opportunities for the people of Sikkim owing to increased
unemployment probh~m.

• To recognize all Nepalese as backward and other left communities in the


list of OBCs.

• To take up the matter with the center for providing all economic facilities to
Sikkim as extended to other North-Eastern states.

• To develop Tourism in Sikkim and extending necessary facilities for the


tourists.

• To provide facilities and housing for all journalists housed in Sikkim.

• To invest more funds by the Non-Residents of India in the Power Sector,


ropeway, alternative high way construction of stadium for games and sports
and to give clearance by the centre to these NRis .

.• To resist and fight tooth and nail the imposition of direct taxes on the
people of Sikkim.

• To provide citizenship to stateless Sikkimese people and to distribute


citizenship certificates to the genuine Sikkimese people. 30
289

Table-XIX: General Elections- 1999, Sikkim Legislative Assembly

Votes Winner

Sl.No Constituency SDF SSP INC Party Candidate

1. Yoksam 3240 1749 1136 SDF Kalawati Subba

2. Tashiding 2740 2148 119 SDF Thutop Bhutia

3. Geyzing 3316 2504 257 SDF Sher Bahadur Subedi

4. Dentam 3192 2636 190 SDF N arendra Kumar


Subba

5. Bermoik 2353 2020 770 SDF Tulsi Pd. Pradhan

6. Rinchenpong 3640 2001 283 SDF O.T. Lepcha

7. Chakung 3572 . 2420 173 SDF Prem Singh Tamang

8. Soreong 3456 3390 93 SDF Ram Bahadur Subba

9. Daramdin 4194 2532 51 SDF Ran Bahadur Subba

10. Jorethang 4791 3598 72 SDF Bhoj Raj Rai

11. Ralang 2671 1291 197 SDF Dorj ee Dazom


Bhutia

12. Wok 3284 1683 25 SDF Kedar N ath Rai

13. Damthang 4952 . 1866 35 SDF PawanKumar


Chamling

14. Melli 4059 2800 43 SDF Girish Chandra Rai

15. Rateypani 4073 3115 67 SDF Chandra Kumar


Mohra
290

16. Temi Tarku 4396 3071 21 SDF Garj aman Gurung

17. Central Pendam 4329 4575 102 SSP Sang Dorjee Tamang

18. Rhenock 2576 3364 37 SSP NarBahadur


Bhandari

19. Regu 3413 3253 38 SDF Kama Bahadur


Chamling

20. Pathing 2903 3755 477 SSP Sonam Dorj ee

21. Lossing 2821 2826 246 SSP Jai Kumar Bhandari


Pacheykhani

22. Khamdong 4507 2954 60 SDF Gopal Lamichaney

23. Dzongu 2228 2399 17 SSP Sonam Gyatso


Lepcha

24. Lachen Mangshila 3698 2496 SDF Hissey Lachungpa

25. Kabi Tingda 2028 1263 1418 SDF Thinley Tshering


Bhutia

26. Rakdong Tintek 1140 2823 216 SSP Mingma Tshering


Sherpa

27. SangMartam 4262 2485 98 SDF Dorjee Tshering


Lepcha

28. Rumtek 4326 4132 115 SDF K.T.N. Gyaltsen

29. Assam Lingzey 2951 2850 87 SDF Tseten Tashi Bhutia

30. Ranka 4274 3182 111 SDF Tseten Dorjee


Lepcha

31. Gangtok 3835 4308 548 SSP N arendra Kumar


291

Pradhan

32. Sangha 294 370 IND Palden Lama


1309

Source : Sikkim Herald, Vol. XLIII, No. 62 October, 99; Gangtok, Sikkim Govt.
Press, 1999.

Table-XX: Results ofThe SikkimAssembly Elections 1999

Constituency District Party won Candidate Votes

WEST

1. Yoksam West SDF Kalawati Subba· 3240

2. Tashiding West SDF Thutop Bhutia 2740

3. Gyalshing West SDF Sher Bahadur Subedi 3316

4. Dentam West SDF Narendra Kr. Subba 3112

5. Bermiok West SDF Tulsi Prasad Pradhan 2353

6.Rinchenpong West SDF Ongden Tshering Lepcha 3640

7. Chakung West SDF Prem Singh Tamang 3572

8. Soreng West SDF Ram Bahadur Subba 3456

9. Daramdin West SDF Ram Bahadur Subba 4194

SOUTH

10.Jorethang South SDF Bhoj Raj Rai 4791


Nayabazaar

11. Ralong South SDF Dorjee Dazom Bhutia 2671

12. Wak South SDF Kedar N ath Rai 3284

13. Damthang South SDF Pawan Kr.Chamling 4952


292

14. Melli South SDF Girish Chandra Rai 4059

15. Ratey Pani . South SDF Chandra Kr. Mohra 4073

16. Temi Tarku South SDF Garjaman Gurung 4396

EAST

17.Cendral Pendam East SSP Sang Dorjee Tamang 4575

18. Rhenock East SSP Nar Bdr. Bhandari 3364

19. Regu East SDF Kama Bdr. Chamling 3413

20. Pathing East SSP Sonam Dorjee Bhutia 2903

21.Lossing East SSP J ai Kr. Bhandari 2826


Pacheykhani

22. Khamdong East SDF Gopal Lamichaney 4507

NORTH

23. Dzongu North SSP Sonam Gyatso Lepcha 2399

24.Lachen Mangshila North SDF Hissey Lachungpa 3772

25. Kabi Tingda North SDF Thinlay Tsh. Bhutia 2028

EAST

26.Rakdong Tintek East SSP Mingma Tsh. 2823

Sherpa

27. Martam East SDF Dorjee Tsh. Lepcha 4262

28. Rumtek East SDF K.T. Gyaltsen 4326

29. Assam Lingzey East SDF Tseten Tashi Bhutia 2951

30. Ranka East SDF Tseten Dorjee Lepcha 4274

31. Gangtok East SSP Narendra Kr. Pradhan 4308

32.Sangha Independent Palden Lama · 1309


293

In 1994 & 1999 Elections Mingma Tshering Sherpa was the first Sherpa candidate
elected from B.L. constituency.

SDF Sweeps the Polls

SDF was voted back to power in the state. It won 24 of the 32 assembly
seats, SSP won 7 seats and the Sangha seat went to an independent candidate.

There had been a complete sweep of the West and South districts by the
SDF. All 7 and 9 seats, respectively, went to it. Even at Soreong, the traditional
SSP bastion fell. In what looked like the biggest disappointment, former CM, N.B.
Bhandari lost in his home constituency by 66 votes. Soreong saw a new victor in
R.B. Subba (SDF), who wrangled the seat from his rival's fourteen year long
streak.

Once again, Chief Minister Pawan Kr. Chamling emerged the 'strongest' in
Damthang constituency. His closest opponent was kept at bay, by 3086 votes, also
giving him the highest winning margin.

This election witnessed unexpected gains as well as pitfalls. Binod Pradhan,


the assembly-seat hopeful in Lossing Pachikhaney constituency, from the SDF
berth had to face the disappointment of losing by just 5 'precious votes' to J.K.
Bhandari (SSP), won the seat. The narrowest win, this election. SSP candidate
S.D. Bhutia upset veteran Ram Lepcha's winning streak in Pathing constituency,
by 582 votes. The latter was attempting to retain the seat for the fourth consecutive
term.

One of the largest constituencies, SSP stronghold Rumtek, gave in to the


'intellectual leadership' qualities and 'grass-root outreach' of SDF candidate K.T.
Gyaltsen. He as well as SSP's O.T. Bhutia had been tmsuccessful in the 1994
elect!ons. As the results showed, 4326 votes to SDF, 4312 votes to SSP, it has
294

been a hard won victory. In the process, the victor also garnered the highest most
number of votes.

Another major disappointment for SSP was Mrs. D.K. Bhandari's defeat in
Temi-Tarku. Garjaman Gurung (SDF) retained his seat by a comfortable margin of
1325 votes.

Up in Dzongu, Sonam Chyoda Lepcha's bid to taste victory again, under


-the SDF party's flagship turned the tide against him. Sonam Gyatso Lepcha of the
SSP managed to beat his chances by 171 votes.

What has perhaps caught the attention of many is the rout of the Congress
party. It failed to repeat its 1994 win in Yoksam. -nzongu and Sangha
constituencies nor has it made any new gains. Even the 'high-profile' hopes of
Mr.T. Lachungpa came crashing down in Kabi-Tingda where SDF's Tashi Tseten
Bhutia upstaged his bid by 610 votes. In the Sangha constituency, Namkha
Gyaltsen of the Congress party lost to independent can didate Palden Lama. A
dismal370 votes went to him as against 1309 votes in the latter's favour.

In the parliamentary results, Bhim Prasad Dahal of the SDF has once again
won the people's mandate to represent the state in the lone Lok Sabha seat. He
secured 1,07,828 votes, ahead of his nearest opponent, Satish Chandra Rai of the
SSP by a margin of21,362 votes.

All said and done, the elections are over. It has not been bereft of surprise
disappointments and cheer in which voter participation has definitely had a role to
play. This year the voter turnout was 81.57%. Out of a total of 2,55,253 voters
208,213 exercised their franchise. The highest participation (85.79%) was
recorded in the North District, while East district saw the lowest turnout of
'.
7
9.56%. Besides the Sangha constituency, Gangtok 3aw the .lowest turnout, only
(9.39%.

Rakdong-Tintek Bye-Elections: (March 1983) to SLA


295

Infact, on the resignation of an independent member of the Sikkim


Legislative Assembly from Rakdong-Tintek constituency's (BL) membership a
bye election was held on 2ih March 1983 which in tumchanged the wrong
conception and fate of that "National Party not winning elections in Sikkim'

Table-XXI

Name of the Electors Candidates Total Polled


Constituency

Rakdong-Tintek 3853 Votes Polled D.D. Lossapa (Ind) 66


Constituency Dugo Bhutia (Ind) 21

E. Sikkim BL(ST) 2557 Rejected P.T. Lepcha (SPC) 41

121% of polling R. Tangdon 559


66.36
Sonam P. Bhutia 64

S.T. Bhutia 1685 (Elected)


(Cong I)

Source: The Nation,Vol. IV, No. 68, 28, March, 1983, Gangtok.

Forfeiting the security deposits of other candidates, Congress (I) candidate


Sonam Tshering Bhutia winning the elections in this constituency was first and
historic landmark for Congress (I) from the State of Sikkim. It was not a victory of
Congress on its own but because of locally based strong leader and Chief Minister
Nar Bahadur Bhandari and the developmental activities undertaken by him in the
constituency.

Elections to Sikkim Parliamentary Constituency (Lok Sabha)

Because of the continuous success of Bhandari's party m the Sikkim


Legislative Assembly election, the party had been able to win ~imultaneously the
lone Lok sabha seat in the State of Sikkim. In the ih Lok Sabha election held in
1980, Pahalman subba of Bhandari's SIP won defeating rest of the six candidates
296

in particular that of SC (R), SPC, INC (U) and independents. He secured 31,750
against the valid votes 51503.

In the 81h Lok Sabha election of 1984 Bhandari himself won the seat
defeating his immediate seven rivals of INC(I), CPI(M), Janta and independent
candidates. He secured 56,614 out of the total votes polled of 86,024. In this
election; he defeated his own one time close associates (of his erstwhile party)
L.B. Basnett and Pahalman Subba. He won the seat within 6 months after
establishing his newly founded SSP. But he had to relinquish his seat in parliament
owing to the fact that he was elected to the state Assembly to become Chief
Minister of Sikkim for the third time.

Table-XXIIGeneral Elections to Sikkirri Parliamentary Constituency (Lok Sabha)


1980-91

Year Total Votes


Electors

.Polled Reje"cted Valid

1980 1,18,028 52,895 1,392 .51,503

P. Subba, (SJP) 31,750

R.C. Poudyal, (SC-R) 11,632

LB. Rai, (SPC) 5,125

R.P. Sharma, (Ind) 1,073 .

K. Adhikari, INC(U) 943.

A.K. Su~ba, (Ind) 801

D.K. Pradhan, (Ind) 179

Source P.K. Pradhan, Report on the Tenth General Election to the House of the
297

People: 1991, Gangtok, Govt Press, 1991

Table-XXIII : General Elections to Sikkim Parliamentary Constituency (Lok


Sabha) 1980-91

Year Total Votes


Electors

Polled Rejected Valid

1984 1,49,271 86,024 3,378 82,646

N.B. Bhandari (SSP) 56,614

P. Subba (INC-I) 21,327

B. Rai (IND) 1,717

L.S. Basnett (IND) 936

B.B. Mishra (CPI-M) 843

A.K. Subba, (Janta) 604

P~T. Lepcha (IND) 495

B.R. Harijan (IND) 110

Source : Ibid.,

Table-:XXIV : General Elections to Sikkim Parliamentary Constituency (Lok Sabha)


1980-91

Year Total Electors Votes

Polled Rejected Valid

1989 1,92,619 1,38,698 4,999,. 1,33,699


298

Nandu Thapa (SSP) 91,608

D.K. Bhandari (INC-I) 28,822

R.C. Poudyal (RSP) 12,858

S.T. Gensapa (IND) 411

Source : Ibid.,

Table-:XXV : General Elections to Sikkim Parliamentary Constituency (Lok


Sabha) 1980-91

Year Total Votes


Electors

Polled Rejected Valid

1991 2,01,704 1,18,502 3,129 1,15,373

D.K. Bhandari (SSP) 1,03,970

D.N. Nepal (CPI-M) 3,372

P.T. Lepcha (IND) 3,759

S. Basnett (IND) 2,688

K.B. Subba (IND) 867

M. Sharma (IND) 536

Y.N. Bhandari (IND) 181

Source : Ibid.,

To fill up the vacancy caused by Bhandari's resignation, a bye-election to


Lok Sabha was ordered in April1985. Some nine candidates including Dil Kumari
Bhandari of SSP, Congress (I) and other independents filed their nominations. But
299

everything turned out ot be a futile exercise because in the eleventh hour all
excepting Dil Kumari Bhandari withdrew their nominations. As a result, she was
declared elected unopposed. ·Smt. Bhandari was rightly rewarded for her defeat in
Gangtok constituency in the year 1985's Assembly election.

In the 9th Lok Sabha election from Sikkim in the year 1989 N andu Thapa of
SSP was declared elected defeating Smt. D.K. Bhandari INC-I, R.C. Poudyal of
RSP and an independent candidate. He secured 91.608 votes from the total valid
votes 1,33,699. However in the lOth Lok Sabha election from Sikkim in the year
1991, Smt. Bhandari (who had returned to SSP) once again won the election
securing 1,03,970 votes from the total valid votes polled 1,18,502 defeating the
lone CPI-M candidate and other independent candidates.

Sikkim parliamentary Electron: May 1996 (11th Lok Sabha Poll)

In the Sikkim Parliamentary Election May 1996 the total number of


electors were 2,28,950 (1,19,644 Male+ 1,09,306 Female). It was a one day poll
and a seven cornered contest. Two regional parties and five independents were in
the fray. The main fight was between Bhim Prasad Dahal (SDF) and Nar Bahadur
Bhandari (SSP) 78% ofthe total electors polled i.e. 1,78,838 votes.

Table-XXVI: Results: Sikkim Parliamentary Constituency (Lok Sabha) Election,


May 1996

Sl.No. Parties · Seats

1. Bhagwan Prasad IND) 251

2. Bhim Prasad Dahal (SDF) 1,24,218

3. Nar Bahadur Bhandari (SSP) 42,175

4. Dhan Bahadur Tamang (IND) 436


300

5. Krishna Chettri Prasad (IND) 421

6. N andalal Gurung (IND) 4,263

7. Nabin Chd. Subba (IND) 410

8. Rejected Ballots 3,664

Source : Gangtok, Vol. -1 No. 3, May 10, 1996; Gangtok Prakashan, 1996, p.1

Gangtok Times, Vo1.3, No. 18, Tadong, SCS Publications, 1996, p.l.

The SDF candidate Bhim Prasad Dahal swept the Poll defeating his
't~
immediate rival Nar Bahadur Bhandari with a huge margin of about 82,000 votes.
The success of Bhim Prasad Dahal in the Lok Sabha election is a testimony of
SDF's strength in the State of Sikkim. It further certifies the proven leadership of
Pawan Kumar Chamling (Gangtok, Gangtok Times, 1996)

The Sikkim Parliamentary Constituency Election, 1998

No sooner the Congress withdrew its support to the United Fr'ont


Government headed by I.K. Gujral election to the 12th Lok Sabha was ordered.
Sikkim along with other States of the Indian Union went to the polls in the month
of February, 1998. That was a single day poll and a triangular contest among the
ruling SDF, United Opposition, (of the Congress-!, Sikkim Sangram Parishad and
Sikkim Ekta Manch) and independent candidates Sikkim went to polls on the 16th
February, 1998 ..

Manifestoes to the 12th Lok Sabha Sikkim Parliamentary Constituency


Election, 1998: A Review

The ruling Sikkim Democratic Front launched a separate Manifesto of its


own The Indian National Congress (Congress-I) issued a joint manifesto of the
United Opposition.joining hands with the Sikkim Sangram Parishad and Sikkim
301

Ekta manch (SDF Manifesto: 1998). The Independent candidate had no


conspicuous programme in contesting the Lok Sabha elections, 1998.

The manifestoes of the Sikkim Democratic Front and United Opposition led
by Congress-I were different but in many respects more or less identical in regard
to their issues. The programmes and promises made by both rival groups to win
the Elections were similar such as: restoration of seat reservation for the majority
people viz., The Nepalese in the Sikkim Legislative Assembly, more
representation for the Sikkimese, increase in the number of seats in the Lok sabha
and Rajya Sabha of the Union Parliament of India, to keep direct taxes out of
Sikkim, to include left out castes and communities in the OBC list, recognition of
local languages spoken by various communities in Sikkim, more quota for
students of Sikkim to pursue further studies in the Institutions of national
importance, etc.

The ruling SDF had gone a step .ahead and promised to restore 50% job
reservations for Sikkimese candidates in both Central· and State Offices. The
opposition was silent on this matter but promised to take political steps to combat
it.

The Congress-I Jed United Opposition promised Government employees in


·regard to their salaries and allowances at par with their Central Counterparts.

The SDF reiterated its promise to totally stop sending lAS, IPS and IFS
officers on deputation to Sikkim with the intention to raise the rank and file to
their cadres from the State itself. The ruling SDF party was confident in achieving
this goal as it had already managed to reduce the prescribed quota of these cadres

In the economic front tl:e SDF had promised to revive all sick industries
depentVng upon their feasibility. Whereas the opposition had promised to get the
Indo-Tibet road through Nathula via Gangtok.
302

Finally the Sikkim Democratic Front stood for an inclination towards


special category for Sikkim in view of its backwardness. It was more or less same
to the demand placed by the united opposition the promise of getting Sikkim
declared as a Tribal state.

The election to the 121h Lok Sabha Sikkim Parliamentary election was a
triangular contest amongst Congress I led United Opposition, an independent
candidate against their rival candidate Bhim Dahal of the Sikkim Democratic
Front.

The weather was slightly unfavourable because of the winter season and as
a result the tum out of electors to cast their votes was poor. Unlike other states of
the Indian Union the polling hours in Sikkim was between 7 am and 4 pm on 16th
February 1998. The percentage tum out of voters was recorded at 68. The east
district recorded the lowest turnout of voters. But it recorded the highest i.e., 71%
in the South District of Sikkim. Polling was absolutely peaceful.

The total of 405 ballot boxes were sealed in a strong room with constant
Police vigil and security for more than a fortnight since 16th February 1998 to 2nd
March 1998, which was the counting day.

The SDF witnessed resounding victory and Bhim Dahal won the election.
Dahal has in his credit defeating consecutively two former Chief Ministers and
nullifying the United Opposition. The Congress-! was defeated securing one their
of the total votes polled and the independent polling negligible votes. The SDF
had won the election scoring 1,02,430 votes. ':fhe performance, of SDF since 1994
through the Panchayat election till the lih Lok Sabha polls seems to be consistent
'
and the SDF/Chamling wave continues in Sikkim. The performance of the
Congress-! in Dzongu and in Gangtok as~embly constituencies repeat the sa1r.e
trends as existed in the previous elections. The performance of the SDF Js
gradually increasing in the East ~istrict when compared to the 1994 Assembly
elections of Sikkim. The success of SDF and its candidate in the 12th Lok Sabha
303

election 1998 proves that the growing communal and caste feelings are being
combined in the State.

Table-:XXVII

Sl. Name Of The Assembly Total No. OfElectors


No Constituency

01 02 MEN WOMEN TOTAL

03 04 05

01 w Yoksam G 3629 3358 6987

02 w Tashiding ST BL 2888 2804 5692

03 w Geyzing G 3562 3390 6952

04 w DentamG 3397 3266 6663

05 w Barmiok G 3191 2882 6073

06 w Rinchenpong ST BL 3536 3403 6939

07 w Chakung G 3713 3470 7183

08 w Soreng G 4064. 3893 7957

09 w Daramdin G 3941 3782 7123

10 s Jorethang Nayabazar G 5051 4419 9470


304

11 s Ralong ST BL 2799 2600 5399·

12 s WakG 3113 2750 5863

13 s DamthangG 3860 3662 7522

14 s Melli G 3998 3815 7813

15 s Rateypani W.P SC 4161 3890 8051

16 s Temi Tarku G 4295 4037 8392

17 E Central Pacheykhani G 5708 5046 10754

18 E Reenock G 3750 3448 7198

19 E ReguG 4095 3718 7813

20 E Pathing ST BL 4198 4072 8270

21 E Loosing Pacheykhani G 3317 3254 6571

22 E Khamdong SC 4518 4072 8590

23 N DzonguSTBL 2464 2458 4922

24 N Lachen Mangshila ST BL 3121 3261 6382

25 N Kabi Tingda ST BL 2496 2510 5006

26 E Rakdong Tintek ST BL 3618 3430 7048

27 E Marrtam ST BL 4258 4033 8291

28 E RumtekSTBL 5239 5072 10311

29 E Assam Lingjey ST BL 3742 3568 7310

30 E RankaSTBL 4465 4279 8744

31 E Gangtok (G) 6261 5578 11839

32 E Sangha (RES) 2575 18 2593


305

TOTAL ELECTORS 1,23,028 1,13,298 2,36,321

St: Sch. Tribes; Sc: Sch. Castes; G: General Sangha: Only One Of Its Kirid To
Represent The Monks Cumbas & Monasteries Of All Four Districts Of Sikkim

Source: Sikldm Herald (Reg. No WB/SKM/1/76) Vol XIII No 6,7Feb 1998 (IPR)
/Govt of Sikkim, Gangtok, Sikkim Govt. Press, P.l.

Table-:XXVIII: Sikkim Parliamentary Election 1998

Sl.No. Constituency No. of' Vote Invalid SDF % INC % IND %


voters Cast votes

1. Yoksam 7235 4902 79 3008 61.36 1790 36.52 24 0.49

2. Tashiding 5842 4165 86 2686 64.49 1351 32.44 31 0.74

3. Geyzing 7001 5164 129 3967 76.82 1033 20.00 34 0.66

4. Dentam 3336 4836 69 3404 70.39 1267 26.20 96 1.99

5. Bermiok 6071 4219 72 2875 68.14 1232 29.20 40 0.9

6. Rinchenpong 7001 4412 84 3474 78.74 798 18.09' 55 1.25

7. Chakung 7195 4902 117 3899 79.54 823 16.79 63 1.2

8. Soreng 7941 5385 112 2985 55.43 2235 41.50 54 1.00

9. Daramden 7736 5401 97 3831 70.93 1432 26.51 42 0.78

10. Jorethang 9476 7094 134 4137 58.32 2738 38.60 64 0.90

11. Ralang 5549 4029 75 3014 74.81 902 22.39 37 0.92

12. Wak 5866 3870 63 2809 72.58 965 24.94 33 0.85

13. Damthang 7559 5431 97 4328 79.69 977 17.99 29 0.53

14. Melli 7818 5684 106 3767 66.27 1783 31.37 28 0.49

15. Rateypani 8059 5672 89 3794 66.89 1721 30.34 68 1.20

16. Temi Tarku . 8429 5363 79 3490 65.08 1730 32.26 62 1.16

17. Central 10778 7344 177 4706 64.08 2334 31.78 120 1.63
Pen dam
306

18. Rhenock 7318 4821 127 2926 60.69 1693 35.12 73 1.51

19. Regu 7840 5122 79 3434 67.04 1577 30.79 32 0.62

20. Pathing 8301 .5223 79 3111 59.56 1987 38.04 46 0.88

21. Loosing 6586 4458 70 2672 59.94 1652 37.06 64 1.44


Pacheykhani

22. Khamdong 8637 5809 149 3796 65.35 1808 31.12 53 0.91

23. Dzongu 5066 3334 48 1493 . 44.78 1745 52.3 48 . 1.44

24. Lachen 6620 4957 113 2837 57.23 1965 39.64 40 0.81
Mangshilla

25. Kabi Tingda 5633 3852 43 2413 62.64 1346 34.94 45 1.17

26. Rakdong 7152 4419 67 2312 52.32 1965 44.47 74 1.67


Tintek

27. Martem 8359 5583 94 4186 74.98 1259 22.55 43 0.77

28. Rumtek 10440 6229 72 3367 54.05 2660 42.70 125 2.01

29. Assam 7397 4993 95 3313 66.35 1518 30.40 66 1.32


Linzey

30. Ranka 8738 5518 '82 3406 61.73 1917 34.74 109 1.98

31. Gangtok 11839 6477 104 2976 45.95 3278 50.61 112 1.73

Total 225,083 158,668 2,887 102,416 64,72 51,481 32.30 1,810 1.13

Source: Gangtok Times, Vol. 2, No. 26, March, 7-13, 1998, Gangtok, Prerna Industrial Co. P. Ltd., 1998
307

Lok Sabha Election : 1999

Sikkim Parliamentary Constituency

In the Lok Sabha Election (frop:1 Sikkim Parliamentary Constituency) held


in October 1999 these were 2,55,377 electors (1325911 Men+ 122786 Women).
The total number of votes polled were 3537. The percentage of polling was 81.71.
Total no. of polling stations were 336. There were altogether 4 candidates in the
tray.

Table-XXIX : Results

Party Candidate c·
Votes polled

SDF Bhim Prasad Dahal 107828

SSP Satish Chandra Rai 86466

INC Somnath Poudyal 9762

Independent Youaraj Rai 1077

Source : Sikkim, Report on general election to Lok Sabha and Assembly, 1999;
Gangtok, Sikkim Govt. Press (not dt.) pp. 1-15

The SDF was on lead and secured highest number of votes in many
constituencies except in Rumtek, Rhenock, Rakdong, Tintek, Pathing, Central
Pandam, and Gangtok constituencies. Therefore, Bhim Prasad Dahal polling more
than 50% of the votes was declared elected for the second time. The above victory
confirms and certify further the leadership of Pawan Chamling and his party
Sikkim Democratic Party in the State of Sikkim.

Sl.No Constituency SDF SSP INC IND


308

1. Yoksam [ 3351 1844 1125 15

2. Tashiding 2866 2142 135 26

3. Geyzing 3291 2551 290 57

4. Dentam 3070 2628 201 08

5. Bermiok 2330 2009 746 17

6. Rinchenpong 3630 1994 292 15

7. Chakung 3544 2431 166 33

8. Soreng 3432 3344 111 13

9. Daramden 4207 2487 39 13

10. Jorethang 4801 3724 127 54

11. Ralang 2865 1498 269 389

12. Wak 3257 1690 27 25

13. Damthang 4888 1949 42 15

14. ·Melli 4027 2827 48 14

15. Rateypani 3999 3131 86 11

16. Temi Tarku 4414 3011 65 09

17. Central 4343 4554 126 24


Pendam

18. Rhenock 2580 3314 88 08

19. Regu 3360. 3185 70 13

20. Pathing 3025 3628 517 15

21. Loosing 2684 2621 562 19


Pacheykhani

22. Khamdong 4517 2933 84 11


309

23. Dzongu 2292 2472 44 08

24. Lachen 3882 2681 51 08


Mangshilla

25. Kabi Tingda 2231 1440. 1454 32

26. Rakdong 1759 2886 906 55


Tintek

27. Martem 4200 2510 124 26

28. Rumtek 4074 4174 379 29

29. Assam Linzey 3309 2895 254 45

30. Ranka 3957 3200 349 30

31. Gangtok 3580 4491 972 28

Total 107765 86244 9749 1065

Postal Ballot 63 222 13 12

Grand Total 107828 86466 9762 1077

Source : Sikkim Herald (IPR), Vol. XLIII, Gangtok, Kwality,


October 9, 1999, p. 4
310

Table- XXXI : Lok Sabha Poll Results, Sikkim, 1998

West

Sl.No. Assembly February, 1990 May, 1996


Constitu.encies

BhimP. Sanchaman Valid BhimP. N.B. Valid


Dahal Limboo Votes Dahal Bhandari Votes

SDF INC SDF SSP

1. Yuksom 3008 1790 4822 3843 931 4927

2. Tashiding 2696 1351 4078 2830 1135 4136

3. Geyzing 3967 1033 5034 4003 1175 5350

4. Dentam 3404 1267 4767 2625 1002 3752

5. Bermiok 2875 1232 4147 3444 987 4557

6. Rinchenpong 3474 798 4327 4259 857 5310

7. Chakung 3899 823 4785 4509 747 5430

8. Soreng 2989 2235 5274 4101 1806 6100

9. Daramdin 3831 1432 5305 4528 1472 5918

Total (9) 30143 11961 42539 34192 9812 45480

South

10. Jorethang 4137 2738 6939 5307 1656 7157

11. Ralong 3014 902 3953 3152 931 4212

12. Wak 2809 965 3807 3281 931 4336

13. Damthang 4328 977 5334 4424 978 5540

14. Melli 3767 1783 5578 4275 1537 6044

15. Rateypani W.P. 3794 1721 5583 4752 1291 6236

16. Temi Tarku 3490 1730 5282 4363 1520 6078

Total (7) 25339 10816 36476 29554 8744 39603

East
311

17. Central Pendam 4706 2334 7160 5293 2434 2928


E.P.

18. Rhenock 2926 1693 4692 3561 1595 5325

19. Regu 3434 1577 5043 4283 966 5376

20. Pathing 3114 1987 5144 4425 1498 6181

21. Loosing- 2672 1652 4388 3227 1647 4980


Pacheykhani

22. Khamdong 3796 1808 5657 4668 1460 6459

23. Rakdong- Tintek 2112 1965 4351 3371 1742 5269

24. Song 4186 1259 5488 4364 1279 5911

25. Rumtek 3367 2660 6152 4254 2553 7081

26. Assam Lingzey 3313 1518 4897 3858 1195 5261

27. Ranka 3406 1917 5432 4286 1756 6238

28 .. Gangtok 2976 3278 6366 5006 2438 7601

Total (12) 40205 23648 64770 50646 20560 73660

North

29. Dzongu 1493 1745 3286 2201 1167 3488

30. Lachen - 2837 1965 4842 3739 944 4877


Mangshila

31. Kabi - Tingda 2433 1346 3804 2710 766 3627

Total (3) 6743 5056 11932 8650 2877 11992

Total 102430 51481 155717 124218 42175 172113

Note Total Voters Total Valid Votes

1996 229051 172113

1998 236145 155717

1. Since the performance of independent candidates in the above two e~ections is not worth recording
the results of the votes polled by Sikkim democratic Front and Sikkim Sangram Parishad and
Congress-I are provided.

2. In the 1996 Lok Sabha Polls, total valid votes for Sangha constituency was 1324 (SDF-1036, SSP-

(
312

166 and Ind-71) in 1998 polls, Sangha votes have been merged with territorial constituencies.

3. Total postal ballots in 1996 polls was 405.

Lok Sabha Elections, 1998: Polling Percentage

Sl.No. District No. ofvote cast Total voters Percentage

1. West 43389 62685 69%

2. South 37143 52756 71%

3. East 65996 103385 64%

4. North 12144 17319 70%

5. Entire State 158672 236145 68%

Source Sikkim Observer, The National Hill Weekly (Regd. 40958/89 RNI No.
WB/SKM-69/98) Vol. XIII No.8 March 7-13, 1998, Gangtok, Hill Media Publication, p.1

Rajya Sabha Seat of Sikkim

The lone Rajya Sabha seat from Sikkim is invariably represented ·by Tribals
since its merger with the Indian union. The sitting Rajya Sabha member Karma
Topden elected from Sikkim Sangram Parishad defected to SSP(S) and ultimately
to Congress-! played an instrumental role to stop imposition of Indian Income Tax
Act, 1961 the great upheaval of Sikkim, May 1994 and success of Congress-I's
role in the State. He continued to hold the membership of Rajya Sabha in spite of
the fact that the ruling SDF had won in Assembly and Lok Sabha polls because of
his six years tenure. On completion of his tenure Kalzang Gyatso of SDF was
chosen by SDF to represent Sikkim in Rajya Sabha. On the sudden demise of
Gyatso, P.T. Gyamso succeeded the Rajya Sabha seat of Sikkim.
313

To sum up there are some interesting observations one can make if


analysed well the above write-up on Sikkim elections.

Sikkim was the first in India to introduce Electoral Identity Card (since 1979)
though it was not made compulsory.

In spite of the fact that there exists a considerable increase in the


population, political demands, political changes and political awareness the
strength of Sikkim Legislative Assembly for scheduled Tribes (Bhutias and
Lepchas) scheduled castes (Nepalese) and Sangha (Gumpas and Monasteries)
safeguard not only the sanctity of article 371(F) but also the minorities in the state
of Sikkim. Most of the regional political parties put forth "restoration of reserved
seats for Nepalese which existed before assembly election, 1979", as their slogan
and programs to contest elections in the state. To amend the Representation of
People's Act 1950 and 1951 a bill was also tabled in the Lok Sabha by Union
Minister of Law P. Shivshanker for the readjustment of constituencies in the state
of Sikkim and to restore reservations for Nepalese who constitute the majority of
the total population in the state of Sikkim. The Sikkim Lepcha Youth Association
made yet another demand for 50% reservations in the existing 12 seats for
scheduled tribes (Bhutia/Lepcha).

Because of the composition of the electors support to local sentiments and


local people constitutional safeguard under Article 371(F) of the constitution of
India and strong belief in the locally based leaders of the regional political parties
to capture power in the state of Sikkim, invariably a regional party was voted to
power. The visit of M.S. Gill, Chief Election Commissioner of India to the State of
Sikkim indicated that the state may introduce Electronic Voting System in the
ensuing election, 1999. But Electronic Voting Machine was not introduced.

Defections within regional political parties and from regional political


parties to national political parties seem to be a common phenomenon in Sikkim;
there exists cordial centre- state relations. In the October 1999 elections people
314

gave a verdict and elected SDF to come back to power with three-fourths majority
to establish a strong and stable government in Sikkim.

The foregoing study and analysis on legislation and electoral politics in


Sikkim confirms the increased participation, growing political consciousness,
awareness and belief on local regional political parties' local leaders and rejection
of national political parties.

Since son of the soil, protection of local identity, sentiments of the people,
article 37l(F) and its safeguards say that regional political parties have strong base
than national political parties. To strengthen national parties, visits of national
leaders and e'stablish locally based strong leaders are inevitable with regard to
newly emerged tiny state viz., Sikkim. In particular the landslide victory of the
SDF is not only to build Naya (New) Sikkim, Sukhee (Prosperous) Sikkim but
Sukhee Sikkim and Swamim Sikkim.
315

Notes and References

1. The parity was followed in the state council as a convenient device to


protect the interests of the local communities and their rights. It was
. '
considered not only the basis of political rights but also of other Socio-
economic opportunities extended to the ethnic communities in Sikkim.

2. Sikkim, Sikkim :A concise chronicle (not dated), Op. cit., p.28.

3. Sikkim, Sikkim Darbar Gazette (Extraordinary) Gangtok, Sikkim Govt.


Press, March, 23, 1953.

4. Sikkim, Sikkim Darbar Gazette (Extraordinary), Vol. II, 9-10, February-


March, 1953, Gangtok, Sikkim Govt. Press, 1953.

5. Sikkim, Sikkim Darbar Gazette (Extraordinary), Vol. II, March, 1958,


Gangtok, Sikkim Govt Press, 1958.

6. Sikkim, Sikkim Darbar Gazette (Extraordinary), No. 438/Home, 1959,


Gangtok, Sikkim Govt. Press, 1958.

7. Sikkim, The Sikkim Subjects Regulation 1961, Notification No. 156 S-61,
Sikkim Darbar Gazette, Extraordinary. July 7, 1961, pp.7, Gangtok, Sikkim
Govt. Press, 1961.

8. Sikkim, Sikkim Darbar Gazette (Extraordinary) No.6, February 22, 1962,


Gangtok, Sikkim Govt. Press, 1962.

9. Sikkim, Sikkim Darbar Gazette (Extraordinary), No.9, December 21, 1966.


Gangtok, Sikkim Govt. Press, 1966.

10. Sikkim, Sikkim Darbar Gazette (Extraordinary), Vol. XVI, No.8, No.
10/CE, January 29, 1967, Gangtok, Sikkim Govt. Press, 1967.

11. Sikkim, Sikkim Darbar Gazette (Extraordinary) No. 19, May 5, 1967,
Gangtok, Sikkim Govt. Press, 1967.

12. Ibid.,
316

13. Sikkim, Sikkim Darbar Gazette (Extraordinary) No. 19, December 31,
1969, Gangtok, Sikkim Govt. Press, 1969.

14. Sikkim, Sikkim Darbar Gazette (Extraordinary) No. 23, February 12, 1970,
Gangtok, Sikkim Govt. Press, 1973.

15. Basnet, L.B. Sikkim-A Short Political History OP.Cit; P. 98.

16. Sikkim, Sikkim Darbar Gazette. Ex.GAZ, 21, Nov, 28,1972. Gangtok,
Sikkim Govt Press, 1972. Sikkim Darbar Gazette, Ex.GAZ. No. 29 Feb,
1973,Gangtok,Sikkim Govt Press, 1973.

17. The Indian Express, April 14, 1973 The Hindu (Madras), May 9, 1973
Sengupta. N, State Government and Politics in Sikkim, Op. Cit, P.93 and
pp 69-93 Bhattacharya. A, The Prayer-wheel & Sceptre:Sikkim. Op.Cit., pp
147. Sikkim Agreement, may, 8, 1973, Appendix XII Signed by members
of three political parties of sikkim. The Chogyal of Sikkim and the Foreign
Secretary, Govt of India.

18. Sikkim, Sikkim Darbar Gazette, Ext. Gaz, Proclamation ofhis Highness the
maharaja of Sikkim, Feb, 5, 1974.

19. Ibid.,

20.Sikkim, Representation of Sikkim Act, 1974, Feb, 1974 Gangtok, Sikkim


Govt Press, 1974. Sikkim, Sikkim Darbar Gazette, Ex. Gaz. 14, Jan 7, 1974
Gangtok, Sikkim Govt Press, 1974. Sikkim, Sikkim Darbar Gazette, Ex.
GAZ. No 29 march 5, 1974, Gangtok, Sikkim Govt Press, 1974 . Sikkim,
Sikkim Darbar Gazette, Ext. Gaz. No. 30, March 11, 1974, Gangtok,
Sikkim Govt Press, 1974. Sikkim, Sikkim Darbar Gazette, Ext. Gaz. No. 52
April24, 1974, Gangtok, Sikkim Govt. Press. 1974. Sikkim, Sikkim Darbar
Gazette, Ext. Gaz. No 38, March 25, 1974, Gangtok, Sikkim Govt. Press,
1974. Notification No 18/Ec, March 25, 1974 and Notification No 23/EC
AprilS, 1974. Das. B.S. The Sikkim Saga, Op.cit., P.40
317

21. 'Representation of people (Amendment ordinance) of 1979' No.7, 1979


promulgated by the President of India. Sikkim Herald, Vol. 20. No 80
Gangtok, Sikkim Govt Press. Amended the delimitation Parliamentary and
Assembly Constituencies. Chakaravarthi. K.R., 'Political changes in
Sikkim' Asian Studies (NIAS) Vol I, No 3, 1983, Pp 32-42 Chakaravarthi
K.R. 'Verdict in Sikkim:1979-85 Gangtok, Himalindia Publications, May
1988 and 2nd (Ed) 1989. pp-15 Chakaravarthi K.R. 'Government and
politics in Sikkim', Lama M.P(ed) Sikkim: Society, Policy, Economy and
Environment, New Delhi. Indus Publishing Co, pp 92-112 Sikkim Janta
Parishad : Election Manifesto : 1979 Kalimpong, Himalayan observer
Press, 1979 Sikkim, Report on the Elections: To Sikkim Legislative
Assembly - 1979 & General Election To Lok Sabha - 1980, Gangtok, GOI
Press, 1980.

22. Sikkim; Sikkim Govt Gazette, Ext. Gaz. No 58, May 11, 1984, Gangtok,
Sikkim Govt Press, 1984. Sikkim, Sikkim Govt Gazette, Ext. Gaz. No 59,
may, 11, 1984, Gangtok, Sikkim Govt Press, 1984.

On 11 May, 1984 according to the above two notifications under Article


164(1) ofth~ Constitution of India the then Governor of Sikkim Home. J.H.
Taleyar Khan dismissed then Cong I, Chief Minister N.B. Bhandari and
dissolved his cabinet (due to the fact that he ceased to command the
pleasure of the Governor) forthwith On the same day the then Governor of
Sikkim under article 164(1) appointed B.B. Gurung from Congress-!
Minister. B.B. Gurung's Ministry was consisting 9 cabinet ministers.
Owing to instability the then Governor finally recommended under article
356 imposition of President's rule in the State of Sikkim, sec Sikkim Govt.
(Ext) Gazette, No 70, May 25, 1984 Gangtok, Sikkim Govt Press.
318

23. Sikkim Sangram Parishad: Election Manifesto 1984-85 Siliguri, Ink Print,
1984 Chabra K.M.L. Report on General Elections in Sikkim 1984-85,
Gangtok, Sikkim Govt Press, 1986.

24. Sikkim Report on General Elections in Sikkim House of the peoples &
Sikkim Legislative Assembly, 1989, Gangtok, Sikkim Govt Press, 1990.

25.Report on the General Election to Sikkim Legislative Assembly, 1994,


Gangtok, Sikkim Govt Press, 1995.

26. Sikkim Democratic Front Ghoshna Patro (Nepali), 1994, Siliguri, Das
Offset, 1994, pp 24.

27. Sikkim, Report on General Election to Lok Sabha & Assembly-1999,


Gangtok, Sikkim Govt Press, (not dated).

28. Sikkim Democratic Front Chunav Patro. (Nepali) New Delhi Print Shoppe,
1999.

29. Sikkim Sangram Parishad (Sixth Assembly) Chunav Patro; 1999 .

30. Manifesto of Sikkim Paris had Congress Committee 1999.


319

Members of Sikkim Legislative Assembly (SLA) : MLAs


Constituencies 1974-79 (32) 1979-84 (32) - 1985-89 (32) 1989-94 (32) 1994-99 (32) 1999-04 (32)
(Total32) 15BL + 15 Nep + 12 BL + 17Gen + 12BL + 17 Gen + 12BL + 17 Gen + 12BL + 17 Gen + 12BL+ 17Gen+
1Sc + 1 Sangha 2SC + 1 Sangha 2SC + 1 Sangha 2SC + 1 Sangha 2SC + 1 Sangha 2SC + 1 Sangha
Yoksam De gay Bhutia S.M. Limbu S.M. Limbu S.M.Limbu A.K. Subba Kalawati Subba
Later Chief (W)
Minister Speaker
Tashiding (BL) Chief Minister DawgyalP. UgenPintso U.P. Bhutia Thutop Bhutia Thutop Bhutia
Kazi Lhendup Bhutia
Dorjee
Khangsarpa
Geyzing Hemlata Chettri LB. Limbu M.B. Dahal M.B. Dahal Dal Bdr. Gurung S.B. Subedi
(W) (Deputy Speaker)
Dentam NarBahadur P.L. Gurung P.L. Gurung P.L. Gurung C.B. Subba N.K. Subba
Khatiwara (Speaker)
Barmiok NandaKumar T.B. Limbu Birbal Subba Birbal Subba T .P. Pradhan T .P. Pradhan
Subedi ' I

Rinchenpong (BL) N ayen Tshering Katuk Bhutia Ongdi Bhutia Chewang Lhamu Phur Tshering O.T. Lepcha
Lepcha Lepcha I

Chakung B.B. Gooroong B.B. Gooroong TaramanRai TaramanRai P.S. Tamang P.S. Tamang I
(Speaker 1977-79) Vacant., C.B. Rai,
Bye election
Soreng Chatur Singh Rai N.B. Bhandari N.B. Bhandari N.B. Bhandari N.B. Bhandari RamBahadur
(Speaker til11977) (Chief Minister) (Chief Minister) (Chief Minister) Subba
Daramdin K.B.Limbu P.B. Gurung P.B. Gurung P.B. Gurung RanBahadur RanBahadur
Subba Subba
Jorethang Naya Krishna Chandra B.B. Gooroong B.R. Rai B.R. Rai Bhoj Raj Rai Bhoj Raj Rai
Bazar Pradhan Later Chief
Minister
Ralong (BL) Passang Tshering Chamla Tshering S.G. Kaleon S.G. Kaleon Dorj ee Dazom Dorjee Dazom
320

Bhutia Bhutia Bhutia


Wak Adarsing Lepcha Garj arnan Gurung B.S. Chettri B.S. Pant (Dy. Kedar N ath Rai KedarNath Rai
Speaker)
Darnthang Ratna Bijoy Rai P. Yonzon PawanKumar PawanKumar PawanKumar PawanKumar
Charnling Chamling Chamling Chamling
(Chief Minister) . (ChiefMinister)
Melli Nanda Kumar Rai M.P. Sharma D.R. Basnet D.R. Basnet Girish Chandra Girish Chandra
Rai Rai
Rateypani Bhuwani Prasad B.B. Lohar (SC) C.K. Mohra (SC) C.K. Mohra (SC) Aita Singh Baraily C.K. Mohra
(West Pendarn) ~arel (SC)
sc 1st SC Minister

Temi Tarku Badrinath Prasad N.B. Khatiwara LB. Rai LB. Rai Garj arnan Gurung Garj arnan Gurung
Central Pendarn Kehar Singh Karki B.P. Kharel S.K. Pradhan · S.K. Pradhan Dill Prasad Kharel SangDorjee
East Pendarn Tamang
Rhenock Bhuwani Prasad K.N. Upreti K.N. Upreti K.N. Upreti K.N. Upreti N.B. Bhandari
Dahal
Regu Mohan Gurung T.R. Sharma T.R. Sharma Rajendra Upreti K.B. Charnling K.B. Charnling
(Speaker)
Pathing (BL) Songpon Lepcha RamLepcha RamLepcha RamLepcha RamLepcha Sonam Dorjee
_, (Dy. Speaker) Bhutia
Loosing R.C. Poudyal J.B. Pradhan B.B. Khulal Rupraj Rai D.B. Thapa J.K. Bhandari
Pacheykhani (Dy. Speaker)
Khamdong (SC) Kusu Das (SC) Bye election B.K. Ramudhamu B.K. Ramudhamu Go pal Go pal
vacant (SC) (SC) Lamichaney (SC) Lamichaney (SC)
D.B. Darnai (SC)
Dzongu (BL) Loden Tshering Athup Lepcha SonamChoda Sonam Choda SonamChoda Sonam Gyatso
Lepcha Lepcha Lepcha Lepcha Lepcha
Lachen Mangshila Tasa Tengay T.D. Bhutia -Thukchuk Tasa Tengay Hissey Lachungpa Hissey Lachungpa
(BL) Lepcha Lachungpa
Kabi Tingda (BL) Kalzang Gyatso Sonam Tshering Kalzang Gyatso Hangu Tshering Thinley Tshering Thinley Tshering
- --
321

(Speaker) Bhutia 'Bhutia Bhutia


Rakdong Tintek Rinzing Tongden Dugo Bhutia (bye Phuchung Bhutia Phuchung Bhutia Mingma Tshering Mingma Tshering
(BL) Lepcha, election) 1983 Sherpa Sherpa
Sonam Tshering
(Cong-I)
Martam (BL) Sepchung Lepcha Samten Tshering Chamla Tshering Chamla Tshering Dorj ee Tshering Dorjee Tshering
Bhutia Bhutia Lepcha. Lepcha
Rumtek (BL) Phigu Tshering Dadul Bhutia O.T. Bhutia O.T. Bhutia Menlom Lepcha Karma T.
Gyaltsen
Assam Linzey Dubo Bhutia Sherap Palden Sonani Dupden Sonam Dupden Tseten Tashi Tseten Tashi
(BL) Lepcha · Lepcha Bhutia Bhutia
Ranka(BL) Nim Tshering D.T. Bhutia D.T. Bhutia D.T. Bhutia Rinzing Ongmu Tseten Dorjee
Lepcha (Speaker) (W) Lepcha
Gangtok Dorjee Tshering L.B. Basnett (Dy. Bal Chand Sarda Manita Pradhan N.K. Pradhan N.K. Pradhan
Bhutia Speaker) (First Plainsman) (W)
Sangha KarmaGumpu Lacheng Rinpoche Namkha Gyaltsen Namkha Gyaltsen Namkha Gyaltsen Palden Lachungpa
Lama Lama (Dy. Speaker)
From the ~.hove table :
a. Four women candidates won in the years 1974, 1989, 1994 & 1999 to become MLA
b. N.B. Bhandari won in all elections since 1979
c. Pawan Chamling won from the same constituency Damthang since 1985
d. In 1983 Dugo Bhutia resigned as MLA Bye-election was held, Sonam Tshering Bhutia a Cong- I candidate won the seat
e. Mingma Tshering Sherpa broke the record of winning elections from Rakdong Tintek (BL) constituency in 1994 & 1999
Source: Sikkim: 25 years of statehood: Commemorative Issue, IPR, GoS, Gangtok, Kwality stores (Pr. Div.), N.D.
322

6. The Judiciary In Sikkim

In the olden days there were no codified laws in Sikkim and it continued till
it became protectorate of India. It is mainly because, the Maharaja was fountain of
law and all legal and judicial authority upon the subjects were based on his orders.
These orders were laws. Further the orders of the Jongpons, Kazis, Thikadars and
feudal lords were also considered to be one of the sources of Law in Sikkim
besides the Buddhist rules, customs, usages and unwritten conventions of a pure
Buddhist society. By and Large, laws in Sikkim were confluence first of
Buddhism, Tibetan Mongolian cultures and of the Aryans later on. These laws
combined Tibetan- Mongolian and Indo-Aryan civilizations. The customary laws
and usages prevalent among various communities of Sikkim over the past several
hundred years reflect the unison and interaction of these two great civilizations.

History

The Sikkim laws are founded on those spoken by Raja Me-long-dong, who
lived in India before the time of Buddha. This Raja is mentioned in the Ka-gyur in
the 31st chapter.

They were again written by Kun-ga-gyal-tsan of Sa-kya-pa, who was born


in 1182. He was king of 13 provinces in Tibet and has called the laws Tim-yik-
shal-che-chu-sum or Chu-dug, there being two sets, one containing 13 laws an~

the other 16. These are practically the same. The laws were again written by De-si-
sangye Gya-tsho, who was born in 1653 and was a Viceroy of Tibet. They were
called by him Tang-shel-me-long-nyer-chik-pa.

The first set of laws deal with offences in general; the second set forth the
duties of Kings and Government servants, and are simply an amplification of some
of the laws contained in the former.
323

Summary of the Sixteen Laws

1. General rules to be followed in time of war

a. It is written in the Ka-gyur that before going to war the strength of the
enemy should be carefully ascertained, and whether any profit will be
derived form it or not. It should also be seen if the dispute cannot be settled
by diplomacy before going to war. Care should also be taken that by going
to war no loss be sustained by your Government. Whatever the cause of
dispute, letters and messengers between the contending parties should on
no account be stopped, and messengers should be properly treated. Any one
coming with overtures of peace should be well received.

b. Should two or more enemies combine against you, no means should be left
untried to separate them, and if possible to bring one over to your side, but
false oaths should not be resorted to, nor the using of God's name.

c. The lie of the ground should be well examined to see how the roads run,
and whether your position is strong.

d. If it is necessary, other methods having failed, to go to war, you should all


combine, and being of one mind should attack. See that there are no sick,
lazy, or timid in the ranks, but only those who fear not death. See that your
own soldiers obey the law, and all should obey the orders of the General.
Experienced men should only be sent, and not those who look after their
own interest only.

The army should be divided into three divisions under the command of
rlifferent office:;.-s. The General and his staff should be trusted men who can guide
the Army; they should do their work thoroughly. Your horses, tents, and arms
should be kept in good order. A doctor, diviner, astrologer and lama should be
appointed.
324

The tents should be properly arranged the first day, and this arrangement
adhered to so as to prevent confusion. On moving, the fires should first be put out,
the wounded should be cared for, and in crossing rivers order should be kept, and
those behind should not push forward. Things found should be returned without
asking a reward, and should not be concealed or kept. Thieves are not to be
flogged, but only to have their hands tied behind them, but they may be fined.
Should any one kill another by mistake, he must pay the funeral expenses. Should
any combine and kill another, they must pay twice the fine laid down by law. Any
disputed loot must be drawn for by lots between the contending parties.

The General should appoint sentries, who must look to the water supply
and see they become not easily frightened. They should allow no stranger to enter
the camp armed, but should be careful not to kill any messenger. If a sentry kills a
messenger coming to make peace, he shall be sent to his home in disgrace on some
old, useless horse with broken harness.

2. For those who are being defeated and cannot fight

When a fort is surrounded, those in the fort should remain quiet and should
show no fear. They should not fire off their arms uselessly and with no hope of
hitting the enemy. The well within the fort should be most carefully preserved.
Those within the fort should not be allowed to communicate with the enemy for
fear of treachery. They should not be lazy. Until peace is declared the messenger
should receive no reward.

Should you be defeated, you must give up your arms, and those who give
them up must not be killed. Should any one kill one who has given up his arms, he
must be derided and scoffed at as a coward.

If during a conflict you capture a General of officer of rank, you should


bindhis hands in front with a silk scarf; he should be allowed to ride his own
325

h_orse or another good horse, and should be treated well, so that in the event of
your ever falling into his hands he may treat you well also. Any other prisoners
should have their hands tied behind them and they should be made to walk.
Officers should be placed on old, worn-out horse with broken harness and rope
stirrups. Should an army be defeated and be obliged to fly, nothing should be said
to them, but they should not be rewarded or receive any presents, even though the
leader be a great man. The prisoners should receive what is necessary for
subsistence and also expenses for religious ceremonies, and men of rank should be
treated well and with consideration.

A man can only make a treaty for himself and his descendants.

3. For officers and Government Servants

They should leave off their own work and apply themselves entirely to
Government work, should obey the orders of the Viceroy and head of the Church,
should not change the Shari (hat sects) and Tub-tha (religious sects).

In the fifth month they should kill no animals, and the Raja's store should
be well kept, so that there be no deficiency. They should repair the images,
temples and books, and all passes and roads. Also on the 1oth of this month the
'dadok' ceremony must be performed.

If a man be sent on private business, the name of Government should not be


used. Debts may be recovered through officers, who should patiently hear the case
and not give arbitrary orders. They should give just judgment and not favour those
who can reward them. They should enquire diligently into all cases, and leave no
case undecided, so that all men can say your work has been well done.

4. Law of Evidence
326

You should listen carefully to what is said by both parties. Equals by birth
should be heard at the same time and place. Those that are not equals should be
heard separately. Should any one not agree to your decision, he can be fined.

If the evidence be false, parties be fined.

If after a decision has been given the parties wish to compound between
themselves, one-half of the fine only is imposed.

5. Grave offence

There are five sins:

a. Murder of mother,

b. Murder of holy men,

c. Murder of father,

d. Making mischief amongst Lamas, and

e. Causing hurt to good men.

There are also the sins of taking things from Rajas and Lamas for our own
use; causing a good man to fall through no fault of his own; administering poison,
I

killing any one for gain; causing strife in a peaceful country; and making mischief.

For the above offences punishments are inflicted, such as putting the eyes
out, cutting the throat, having the tongue cut out, having the hands cut off, being
thrown from cliffs, and being thrown into deep water.

6. Fines inflicted for offences in order to make people remember

Certain crimes may be punished by money fines, varying in accordance


with the gravity of the offence.
327

When a number of men have committed dacoity, they may be fined from 15
to 80 gold srang. For small offences smaller fines are imposed, and can be paid
either in money or in kind; the amount to be settled by the officer trying the case.

7. Law of imprisonment

Any one rioting, using arms, and disputing near the court can be
imprisoned. Thieves and those who destroy property, and those who do not obey
the village headman, those who give bad advice, those who abuse their betters, can
be bound and put in the stocks and fined accordingly to the law, and are only
released if petitioned by some one in authority who makes himself responsible for
his fine.

8. For offenders who refuse to come in an orderly has to be sent expressly to


enquire about the case

A messenger who is sent of at a moment's notice should receive three (3)


parties of barley per diem for food and a small sum in money, according to the
importance of the case in which he is employed, but the messenger's servants shall
not be fed. The messenger is allowed one-fourth of the fine for his expenses.

Should an agent not settle a case properly, he must return to the villagers
what he took, otherwise the villagers will have much trouble giving them.

The agent should report having received the fine on penalty of forfeiting
one-fourth what he has taken. When a fine is imposed, it should be at once
collected, no excuse being taken. If an agent is set to collect rent, he should be fed
twice by the headman.

Of stolen properly recov~red by an agent, the Government receive one-


tenth value.
328

9. Murder

For killing a man the fine is heavy-even up to many thousands of gold


pieces. In the Tsalpa law book it is written that if a "'child, a madman, or animal
kills any one no fine is taken, but that money must be given by the relations of the
first two for funeral expenses, and one fourth of that amount must be given by the
owner of the animal towards these expenses.

Should one man kill another and plead for mercy, he must, besides the fine,
give compensation and food to the relative of the deceased.

Should a man kill his equal and the relatives come to demand
compensation, he must give them 18 oz. of gold in order to pacify them. The price
ofblood should never be reduced too much, or a man may say, "If this is all I have
to give, I will kill another".

The arbitrator must take the seal of each party, saying they will abide by his
decision, and they must each deposit 3 oz. of gold as security.

Fines can be paid in cash, animals, and articles of different kinds.

The price for killing a gentleman who has 300 servants, or a superintendent
of a district, or a Lama professor, is 300 to 400 oz. gold srang: For full Lamas,
Government officers, and gentlemen with 100 servants the fine is 200 oz. of gold.

For killing gentlemen who possess a horse and 5 or 6 servants, working·


Lamas, the fine is 145 to 150 oz of gold.

For killing men with no rank, old lamas, personal servants, the fine is 80 oz
of gold.

For killing a man who has done good work for Government the fine is 50 to
70 oz of gold.
329

For killing common people and for villagers the price is 30 to 40 oz. of
gold.

For killing unmarried men, servants, and butchers the price is 30 gold
srang.

And for killing blacksmiths and beggars 10 to 20 oz of gold.

These prices can also be paid in grain. The prices for funeral expenses must
be paid within 49 days.

On the fines being paid, a letter must be written and a copy given to each
party, saying that everything has been settled. If a case is re-opened, a fine must be
paid by him who opens the case. The murderer must write to the effect he will not
commit such a crime again. Part of the fines can be given towards the funeral
expenses of the deceased.

10. Bloodshed

In the old law it is written that for any drop of blood shed the rice varies
from one to one-quarter zho. A man may even be beheaded for wounding a
superior. For wounding his own servant a man is not fined, but he· must tend the
wounded man. Should two men fight and one wound the other, he who first drew
his knife is fined, and he who is wounded must be tended by the other till his '
wounds be well. The fines are payable in money or kind. Should one man wound
another without any fight, he is fined according to the law of murder.

If in a fight a limb or an eye is injured, the compensation to be given is


fixed by Government.

11. For those who are false and avaricious the following oaths are required ·
330

If it is thought a man is not telling the truth, an oath should be administered.


At the time of taking an oath powerful gods should be invoked, and those who are
to administer the oath must be present. It is written in ancient law that the bird of
Paradise should not be killed, the poisonous snake should not be thrown down, the
raven should not be stoned, and the small turquoise should not be defiled. Thus
pure Lamas and monks should not be sworn.

Magicians, shameless persons, women, fools, the dumb and children should
not be sworn.

Men should be employed who know both parties and are intelligent and
truthful. Those willing to take an oath should be of equal rank. When all are
present, the case should first be settled, if possible, by arbitration. If this fails, the
ordeal either by hot stones or boiling oil is resorted to. That by oil: The oil must be
supplied by Government and must be pure. It is boiled in a pail at least 3 inches
deep. In the oil a black stone and a white stone are placed of equal size and
weight. He who has to take the oath must first wash his hands in water, in milk,
and in widow's urine. His hand is then bound in a cloth and sealed. This is done a
day or two before the ordeal in order to give him a chance of confessing. The
vessel with the boiling oil is then placed so that the stones cannot be seen, and he
has to take one out. If he takes out the white one without any burn, he wins his
case. He who gets the black stone is sure to be burnt and loses his case. Should he
who gets the white stone be slightly burnt, it means he has partially spoken the
truth and wins half his case.

That by hot stone : The stone is made hot by the blacksmith, taken out of
the fire with tongs, and placed on a brass dish. The man's hands are washed as
before, examined to see what marks there are no it produced by labour, and the hot
stone placed in the palm. With the stone he must walk 4 to 7 paces. His hand is
then bound up and left for 3 to 7 days. On examination if there are no marks, or if
331

there is a long mark called rdo-lam, he wins his case. He also wins his case if the
stone bursts three times being heated. It depends on the number of marks how
much of his case he wins.

A cloth and a rug have to be paid as expenses, and the brass vessels go to
the blacksmith.. In order to test the oil for boiling, a grain of barley is thrown in : if
it flies into the air, the oil is ready.

Whilst placing his hand in the oil or holding the hot stone, a statement in
writing of the case is placed on the person's head.

The ordeal by oil may be gone though without using the stone.

Mud and water can be used in place of oil. Hot iron used to be employed in
place of the stone, but is now discontinued.

12. Theft

For taking a Jongpen's or other great man's things, 10,000 times their value
has to be given in return. For taking a Lama's things 80 times their value ·has to be
given, a neighbours things 9 times, and a villager's 7 times. For taking a stranger's
things 4 times.

Beggars who steal from hunger have only to give back what they took.

Should one man accuse another falsely of stealing, he must give him as
1$,'

compensation what he accused him of stealing..

Should a man find anything on the road and without telling take it for
.. himself, he must be fined double its value; but should he tell, he receives one-third
the value. Shculd any one recover stolen property, but not be able to catch the
thief, he receives half of the property recovered.
332

Should any one find a horse, any cattle, yaks or sheep and keep them for a
year without finding the owner, he receives one fourth the value, provided he has
not in the meantime used the animals for his own benefits.

Should any one wound a thief he is not fined.

If a thief whilst running away be killed by an arrow or stone, a small fine


only is taken.

Should any one having caught a thief kill him, he is fined according to the
law of murder. The reward for catching a thief is from 1 to 5 oz. of gold, according
to the amount of the property stolen.

13. Disputes between near relatives between man and wife and between
neighbours who have things in common

If a husband wishes to be separated from his wife, he must pay her from 18
zho, the amount varying in accordance with the length of time they have been
married.

If the wife wishes to leave her husband, she must pay him 12 zho and one
suit of clothes. The wife on separation also receives the clothes given to her at her
marriage, a list of which is always taken, or its equivalent in money.

Should there be children, the father takes the boys and the mother the girls;
the father paying from 5 to 15 zho for each son, called the price of milk. If the
woman has committed no fault, she receives her ornaments.

Should a family wish to separate, a list of the whole properly should be


taken and divided according to circumstances. The father and mother are asked
with whom they would like to live, and if there is any dispuk about it, lots are
draWn. The married children's property is first separated from the rest; and if any
333

children are going to school, their expenses must be taken from the whole before
decision.

14. ·Taking another's wife or adultery

The old laws runs that if any one takes a Raja's or Lama's wife, he may be
banished, have his hands cut off, his penis cut off. He may also have to pay a
weight in gold equal to his penis and testicles. For violating a woman of different
position 3 oz. of gold have to be paid to the woman's relations and 4 gold srang to
Government, besides many things in kind.

For violation of a woman of the same position, 2 or 3 gold srang and


several kinds of articles have to be paid.

If the women goes of her own accord to the man, he has only to pay 1 gold
srang and 3 kinds of articles.

Should one man's wife entice another married man to go with her, she has
to pay seven things in kind:

Should a inan and woman cohabit on a journey there is no fine.

15. Law of contract

Should any one take a loan of cattle, yaks, sheep etc. and they die in his
charge, he must pay for them.

Should they die one night after being returned it is the owner's loss. If they
die before midnight of the night they are returned, the borrower has to pay.

Should a horse die whilst on loan from a wound, o:1e fourth to one third its
value have to be paid.
334

Should any one havirig made an agreement to take anything refuse to take
it, the articles being good, he must pay one fourth its value. If there be any mistake
in an account, it can be ratified upto one year.

16. For uncivilized people

Such as Bhutias, Lepchas, Mongolians, who know no law, therefore what is


written below is not required in Tibet. The Mongolians also have their own law,
written by Raja Kesar, of which we know little.

Any Government messenger must be supplied with what he wants (such as


horses food, etc.) and if not provided he can take them. Also whilst halting he
must be supplied with food and fire. But the messenger must hot draw his sword
or use his bow, or he will be liable to a fine, and he must only tae what is
necessary to the performance of the Government work.
335

Marriage customs of the Sikkimese

(These customs have been gathered from actual observation, and are the
customs now observed amongst the Bhutias)

If the eldest brother takes a wife, she is common to all his brothers.

If the second brother takes a wife, she is common to all the brothers
younger than himself.

The eldest brother is not allowed to cohabit with the wives of the younger
brothers.

Should there be children in the first case, the children are named after the
eldest brother, whom they call father.

There brothers can marry three sisters, and all the wives be in common, but
this case is not very often seen. In such a case the children of the eldest girl belong
to the eldest brother, and so on, if they each bear children. Should one or more not
bear children, then the children are apportioned by arrangement. Two men not
related can have one wife in common, but this arrangement is unusual.

A man occasionally lends his wife to a friend, but the custom is not general
and uncommon.

If a girl becomes pregnant before mamage and afterwards mames the


father of the child, the child is considered legitimate, but the man is fmed a bull or
its equivalent, which go to her relatives. Should the man by whom the girl was
made pregnant not marry her, and should she afterwards marry another, the child
remains with the woman's brothers or relatives. A woman is not considered
dishonoured by having a child before marriage.
336

The marriage ceremony consists almost entirely in feasting, which takes


place after the usual presents have been give to the girl's relations. These presents
constitute the woman's price, and vary in accordance with the circumstances of
both parties.

The only religious ceremony is performed by the village headman, who


offers up a bowl of marwa to the gods, and pre~enting a cup of the same marwa to
the bride and bridegroom, blesses them, and hopes the union may be fruitful one.
Lamas take no part in the ceremony.

The marriage tie is very slight, and can be dissolved at e;my time by either
the man or the woman.

A man may marry his mother's brother's daughter, but he can marry none
of his other first cousins till the second generation. Their system of relationship is
peculiar and interesting, and is given below. '

Regarding succession the following order seems to be generally, though not


always, used:-

1. Son

2. Grandson, and so on, through the males ... LS 1

3. Brother by same mother


Father's brother's son
By choice:

4. Father's sister's son


Mother's brother's son
Mother's sister's son

5. If only distant relatives, they only receive a portion, a portion going to the
Lamas and the remainder to Government.
337

6. If no relatives, funeral expenses, etc., to the Lamas and the remainder to


Government.

On 26/4/75 Sikkim became a part of Indian Union. The history of judiciary


m Sikkim prior to the establishment of British Suzerainty over Sikkim is
associated with the rule of the king, who was the ultimate authority of all legal and
judicial issues.

Among the different sources of law in the context of Sikkim the notable
contribution were from the customs and usages, proclamation of the king and rules
etc. as were formulated by the darbar. For the purpose of administration oflaw and
justice bodies like jongpons, feudal landlords, pipons, Mandals or headman of the
village used to be the authorities.

In areas like Lachen and Lachung (North Sikkim) the authorities like Gyen-
me or pipons had jurisdiction to decide all matters civil and crimin,al. Both the
judges and the parties used to take oath Dhang-na by Judges and Gnen-na by
parties in disputes.

With the coming of British power the entire state was divided into number
of estates for the purpose of revenue and judicial administration and each estate
was under the control of Lessee landlords who were vested with judicial powers.

In 1909 as per the State Council resolution Kazis, Thikadars and Lamas
were vested with power to decide civil suits with limited pecuniary jurisdictions.
Accordingly, first class Kazis, Thikadaras and Lamas got jurisdiction . for
adjudicating money suits upto the value of Rs. 500/-; second class exceeding Rs.
300/-; third class Kazis, Thikadars and Lamas could decide money .suits upto Rs.
200/- and fourth class Kazis, Thikadars and Lamas had jurisdiction to decide
money suits upto the value ofRs. 100/-.
338

In 1916 a modem type of court designated as Chief Court was created with
jurisdiction to try important original cases and also heard appeals against the
decisions of the landlords. The courts of the landlord were called the Adda Court
which had jurisdiction to decide civil and criminal cases. First class Adda courts
exercised criminal powers to impose punishment upto one month's imprisonment
and fine upto Rs. 100/-. On the civil side, they could decide suits upto the value of
Rs. 500/-. Second Class Adda Courts were invested with powers to inflict
punishment of fine only upto Rs. 501-. They had jurisdiction to decide suits upto
value of Rs. 300/-. Third Class Adda Courts could impose fine upto Rs. 25/- in ·
criminal cases and decide suits upto the value of Rs. 200/-. Fourth Class Add
Courts could impose punishment of fine upto Rs. 15/- only on the criminal side
and could decide suits upto the value of Rs. 100/-. The Chief Judge exercised
supervisory and appellate jurisdiction over the Adda Courts.

The Chief Court had both appeallate and original jurisdiction. On the
original side, it decided cases which were beyond the jurisdiction of the Adda
Courts or litigations between the residents of different estates. On the appellate
side, it heard appeals and references form the decisions of the Adda Courts. The
Chief Court was also invested with jurisdiction to decide revenue suits.

· The Chief Court was not the final court of justice in Sikkim. The appeal
against the decisions of the Chief Court would lie to the Supreme Court of His
Highness, the Maharaja. The Court of the Maharaja was the Supreme Court the
Final court of Appeal in the State it had no original jurisdiction.

It is on the lines of the judicial committee of the Privy Council in England,


would hear the parties and scrutinize the evidence regarding merit of the case and
then tender its opinion to the Mahc:raja.

The Political Officer had also exercised Judicial powers side by side with
the Darbar Court. The British subjects were not amenable to the jurisdiction of the
339

Darbar Courts in the trial of criminal cases. They were required to approach the
Court of the Political Officer ·in the first instance. However, the Political Officer
could waive his right of trial in favour of the Darbar Court. In civil litigation, the
plaintiff, if happened to be a British subject had a choice to select the forum
between the Darbar Court and the Court of the Political. Officer. The Political
Officer exercised the powers of the District Magistrate and District Sessions
Judge. No appeal would lie against his orders except in certain classes of crimes.

The Courts in Sikkim followed British Laws in India. Technicalities of


procedure, law of evidence and a hard and fast limitation law were not observed.

In 1949, Mr J.S. Lall took over the administration of Sikkim as Dewan. A


judicial Proposal Committee was set up under the Chairmanship of H. Pradhan.
On the recommendation of the committee, the judicial powers conferred on the
landlords were abolished. Sikkim was divided into four revenue districts.
Magistrates were appointed in each District with original and appellate jurisdiction
on the criminal and civil sides. The Court of the Assistant Magistrate and the
Court of the Tahsildars were created. In the lowest rung, a few Honorary Courts of
the Magistrates were created to dispose of petty criminal and civil cases. Those
Honorary Courts were established at suitable places . in the locality for the
convenience of the public. About the district level courts, there was a Court of the
Chief Magistrate. The Chief Magistrate had both original and appellate
jurisdiction on civil and criminal sides. He had unlimited powers.

In 1955, the Maharaja issued High Court of Judicature (Jurisdiction and


powers) proclamation for the establishment of a High Court of Sikkim. The judges
of the High Court were to hold office for such period as provided in the terms of
their appointment by the Maharaja. The High Court was the final court in a;.l
judicial matters, civil or criminal subject to the exercise of prerogative by the
Maharaja to grant mercy, pardon, remission, commutation and reduction of
340

sentence in case of conviction. All Courts and Tribunals in Sikkim were


subordinate to the High Court. Appeals or Revisions against the decisions of all
Courts and Tribunals would lie to the High Court. The High Court dispensed
justice according to the Laws and Usages prevalent in Sikkim.

The Maharaja had also retained his prerogative to set up a Special Tribunal
for the review of any case, civil or criminal. The proclamation provided that the
President of such Tribunal should be from amongst the Judges ofthe High Court.

Where there were no Bench Court there used to be Adda Court. The Bench
Court used_to exercise Magisterial Power and also some Civil Powers. The Bench
Court consisted of educated local dignitaries and were appointed by king. The
Adda Courts were manned by Zamindar. They were also called as Kachari Court.
Indian Penal Code was adopted by the State of Sikkim by 1950/51.

The Judges of the High Court and of the Chief Magistrate's Court were
appointed from among the retired District & Sessions judges of different States of
India.

The Tahsildars and Assistant Magistrates were later designated as District


Magistrates and Deputy District Magistrates. They exercised powers both on
criminal and civil sides. Since the judiciary was not separated from the executive,
the Magistrates exercised both judicial and executive powers.

In 1955, the Council Members felt that the insufficiency of local laws were
detrimental to the security of life and property of the Sikkimese people. They also
demanded the enactment of Sikkim's own laws and reorientation of judiciary to
impart justice in a manner befitting the conditions of the Sikkimese people. A
Deputy Magistrate wns appointed in the Eastern Circle with powers of the
Magistrate of the Second Class. Head jurisdiction to decide Civil Suits upto the
value of Rs. 2000/-. He was also conferred with powers to record statements and
341

confessions made during the investigation of criminal cases by the police. A


Deputy Magistrate was appointed in the West· Tahsil with the powers of the
Magistrate of the First Class. He had jurisdiction to decide Civil Suits upto the
value ofRs. 5000/-.

In 1963, an attempt was made to separate the judiciary from the executive
by creating the post of Munisff-Magistrate with purely judicial functions. The ,
Chief Magistrate was invested· with powers to dispose of all appeals from the
'
decisions of the Courts of all Magistrates in Sikkim jn respect of both Civil and
Criminal cases. All the cases triable by a court of session or Magistrate of the First
Class were to be filed before the Chief Magistrate's court for trial and disposal.
Other cases triable by the Magistrates were to be filed in the respective courts of
the Magistrates.

In 1970 one separate Munsiff-Magistrate was appointed for Sourth & West
Districts with headquarter at Gyalshing (West Sikkim) and with his appointment
District Officers/ District Magistrates were divested of the powers to try Civil
Suits. Perhaps this was the first step towards separation of judiciary from the
Executive.

After the tripartite agreement, certain changes in the judicial structure were
made. The lowest Court of Law at the District Level was designated as District
court and the Presiding Officer was designated as Assistant District judge or
District Judge according to seniority in status. The post ofMunsiff-Magistrate was
abolished. The Court of the Chief Magistrate was designated as a Central Court of
Sikkim and the Presiding Officer was designated as the Chief Judge of the Central
Court. The High Court of Judicature in Sikkim remained as the High Court
presided over by the Chief Justice of Sikkim. The Government of Sikkim Act
provided that the judges should be independent in th~ exercise of their judicial
functions, subject only to the said Act and the Laws.
342

Before Sikkim became the 22nd State of India, the courts were dispensing
substantive justice according to the Principles of equity and good conscience.
Presiding Officers of the Courts used to follow the customs which were difficult to
trace or the spirit of laws of India or other countries.

The Constitution (thirty sixth Amendment) Act, 1975 provided for the
merger of Sikkim with India. It became the 22nd State of India. Article 371F(i) of
the Constitution of India provides that the High Court then functioning as such
would be deemed to be the High Court for the State of Sikkim. Article 371FG)
provides that all Courts of Civil, Criminal and Revenue Jurisdiction, all authorities
and all Officers, Judicial, Executive and Ministerial, throughout Sikkim would
continue to exercise their respective powers subject to the provisions of the
Constitution. Article 371F(k) provides that all laws in force immediately before
the appointed day in Sikkim shall continue to be in force therein until amended or
repealed by a competent legislature or other competent authority. In exercise of
the Powers conferred by clause(l) of Article 371F of the Constitution, the
President modified suitably the High Court of Judicature Gurisdictions and
powers) proclamation of 1955. Accordingly, the Sections in the said proclamation
dealing with judges of the Court, tenure of judges, oath, power to punish for
contempt, language, Maharaja's prerogative, pay of the judges, disposal of work
etc., were omitted. The High Court is the final authority in all judicial matters,
Civil or Criminal.

In 1975, the District Officers were designated as District Magistrates with


powers and provided in the Criminal Procedure Code of 1898.

In 1978, Sikkim Civil Courts Act was passed with a view to consolidate the
laws relating to the Constitution of civil courts subordinate to the High Court and
other relevant matters.
343

Accordingly, there used to be a Court of District & Sessions Judges for the
entire State of Sikkim till 1994. Immediately below there used to be a Additional
District & Sessions Judges and at the bottom there are Civil Judge-cum-Judicial
Magistrate. In 1994 the Court of District & Sessions Judge was established for the
District of (East/North) and (South/West) after bifurcation of the then lone Court
of District & Sessions Judge which was meant for the entire State of Sikkim and
consequently, the post of Additional District & Sessions Judge has ceased to exist.
While for the South District and West District Civil Judge-cum-Judicial
Magistrate were functioning within their respective jurisdiction the Civil Judge-
cum-Judicial Magistrate (East) was also discharging function as Civil Judge-cum-
Judicial Magistrate for the North District till 1996, when separate Court of Civil
Judge-cum-Judicial Magistrate for the North District stated functioning. In the
year 1995, two Chief Judicial Magistrates for the Districts of (East/North) and
(South/West) take over and started functioning. The District Court complex started
functioning from ·a new building at Sichey Busty, Gangtok from 1st September,
1998.

While the Court of both the District & Sessions Judges are functioning
from Gangtok at present, in few months time the Court of District & Sessions
Judge (South/West) will start functioning from the district Headquarter of South
District at Namchi. However, the Court of Chief Judicial Magistrate (South!W est)
has already been functioning at Namchi. The Court of Chief Judicial Magistrate
(East/North) is located at Gangtok.

The High Court of Sikkim which was earlier located at old Assembly
Building was shifted to a new site above STNM Hospitcal in the year 1975. The
first Chief Justice of this High Court was Hon'ble Shri Justice R.N. Sachar with
effect from 16/5/75 till 6/5/76. The pecuniary jurisdiction of the Civil Judge is
upto Rs. 50,000/- and District Judge is unlimited.
'.; -·.

344

The Jurisdiction of the Civil Judge extends over each of the Districts. The
jurisdiction of the District Judge extends over two Districts.

An appeal from a decree or order of the District Judge or shall lie to the
High Court.

The District Judges are the members of Sikkim Superior Judicial Service.
The Civil Judge,...cum-Judicial Magistrates and Chief Judicial Magistrates are the
members of Sikkim Judicial Service.

Notes and References

1. Sikkim, The· Gazetteer of Sikkim, Gangtok, Kwality Stores (Reprinted), 1989,

pp 46-56. And also see Sikkim, Report on Sikkim Customary Laws and usages
(pt. 1), Gangtok, Law Commission of Sikkim, 1990.

2. As narrated and discussed with

(a) Justice Anup Deb, High Court of Sikkim, Gangtok

(b) B.B. Gooroong

·(c) Bhattacharjee A.M., 'Laws of Sikkim- Sources' Broader News & Views,
Vol. 1 No.6, March, 1978.

Until the merger, the Chogyal, the Maharaja of Sikkim, was the fountain-head of
justice. The functioning of judicial system and administration of justice were
based on:

1. That the administration of justice was carried out by authorities like Jongpons

(District Officer), feudal landlords, Pipons (Head man), Mandals etc. In


Lachen and Lachung in North Sikkim, the authorities like Gyen-me, the body
345

of the elders formed by the elected Pipons had jurisdiction to decide all matters
civil and criminal except murder cases. Both the judges and the parties used to
take oath- Dhang-na (Dhang means honest and na means oath) by Judges and
Gen-na (Gnen means to abide and na means oath) by parties in disputes.

2. When Sikkim was brought under the superintendence of the British Political
Officer, the entire State was divided into several estates for the purpose of
revenue and judicial administration. Each estate was put under the control of a
Lessee-landlord who was vested with some judicial powers.

3. In 1909 as per the State Council resolution Kazis, Thikadars and Lamas were
vested with power to decide civil suits with limited pecuniary jurisdictions.
First class Kazis, Thikadars and Lamas got jurisdiction for adjudicating money
suits upto the value ofRs. 500/-; second class upto the value ofRs. 300/-; third
class upto the value ofRs. 200/- and fourth class upto the value ofRs. 100/-.

4. The courts of the landlords were called the Adda Courts which had jurisdiction
to decide some civil and criminal cases. First Class Adda courts exercised
criminal powers to impose punishment upto one month's imprisonment and
fine upto Rs. 100/-. One the civil side, they could decide suits upto the value of
Rs. 500/-. Second Class Adda Courts were invested with powers to inflict
punishment of fine only upto Rs. 50/-. They had jurisdiction to decide suits
upto the value of Rs. 300/-. Third Class Adda Courts could impose fine upto
Rs. 25/- in criminal cases and decide suits upto the value of Rs. 200/-. Fourth
Class Adda Courts could impose punishment of fine upto Rs. 15/- only on the
criminal side and could decide suits upto the value ofRs. 100/-.

5. In 1916 a modem type of Court designated as Chief Court was created with
jurisdiction to try important original cases and also to hear appeals against the
decisions of Landlords Courts. The Chief Court exercised supervisory and
appellate jurisdiction over the Adda Courts. On the original side, it decided
346

cases which were beyond the jurisdiction of the Adda Courts or litigations
between the residents of different estates. On the appellate side, it heard
appeals and references from the decisions of the Adda Courts. The Chief Court
was also invested with jurisdiction to decide revenue suits.

6. The Chief Court was not the final court of justice in Sikkim. The appeal
against the decisions of the Chief Court would lie to the Supreme Court of His
Highness, the Maharaja. The Court of the Maharaja was the final court of
appeal in the State. It had no original jurisdiction. A board, on the lines of the
judicial committee of the Privy Council in England, would hear the partie~ and
scrutinize the evidence regarding merit of the case and then tender its opinion
to the Maharaja.

7. The Political Officer also exercised Judicial powers side by side with the
Durbar Court. The British subjects were not amenable to the jurisdiction of the
Durbar Courts in the trial of criminal cases: They were required to approach
the Court of the Political Officer in the first instance. However, the Political
Officer could waive his right of trial in favour of the Durbar Court. In civil
litigation, if the plaintiff happened to be a British subject, he had a choice to
select the forum between the Durbar Court and the Court of the Political
Officer. The Political Officer exercised the powers of the District Magistrate
and District and Sessions Judge. No appeal would lie against his orders except
in certain classes of crimes.

8. In 1949, J.S. Lall took over the administration of Sikkim as Dewan. A Judicial
Proposal Committee was set up under the Chairmanship of H. Pradhan. On the
(

recommendation of the Committee, the Judicial powers conferred on the


landlords were abolished. Sikkim was divided into four revenue districts.
Magistrates were appointed in each district with original and appellate
jurisdiction on the criminal and civil sides. The Court of the Assistant
347

Magistrate and the Court of the Tahsildars were created. In the lowest rung, a
few Honorary Courts of the Magistrates were created to dispose of petty
criminal and civil cases. These Honorary Courts were established at suitable
places in the locality for the convenience of the public. Above the district level
courts, there was a Court of the Chief Magistrate. The Chief Magistrate had
both original and appellate jurisdiction on civil and criminal sides. He had
unlimited powers.

9. In 1955, the Maharaja issued High Court of Judicature (Jurisdiction and


Powers) Proclamation for the establishment of a High Court of Sikkim and
thereby established a High Court in Sikkim. The judges of the High Court were
to hold office for such period as provided in the terms of their appointment by
the Maharaja. The High Court was the final court in all judicial matters, civil or
criminal subject to the exercise of prerogative by the Maharaja to grant mercy,
pardon, remission, commutation and reduction of sentence in case of
conviction. All Courts and Tribunals in Sikkim were subordinate to the High
Court. Appeals or Revisions against the decisions of all Courts and Tribunals
would lie to the High Court. The High Court dispensed justice according to the
Laws and Usages prevalent in Sikkim.

10. The Maharaja had also retained his prerogative to set up a Special Tribunal for
the review of any case, civil or criminal. The proclamation provided that the
President of such Tribunal should be from amongst the Judges of the High
Court.

11. The Tahsildars and Assistant Magistrates were later designated as District
Magistrates and Deputy District Magistrates. They exercised powers both on
criminal and civil sides. Since the judiciary was not separated from the
executive, the Magistrates exercised both Judicial and Executive Powers.
348

12. In 1955, the Council Members felt that the insufficiency of local laws were
detrimental to the security of life and property of the Sikkimese people. They
· also demanded the enactment of Sikkim's own laws and reorientation of
judiciary to impart justice in a manner befitting the conditions of the Sikkimese
people. A Deputy Magistrate was appointed in the eastern Circle with powers
of the Magistrate of the Second Class. He had jurisdiction to decide Civil Suits
upto the value of Rs. 2,000/-. He was also conferred with powers to record
statements and confessions made during the investigation of criminal cases by
the police. A Deputy Magistrate was appointed in the West Tahsil with the
powers of the Magistrate of the First class. He had jurisdiction to decide Civil
Suits upto the value ofRs. 5000/- (see proclamation of 1955).

13.In 1963, an attempt was made to separate the Judiciary from the Executive by
creating the post of Munsiff-Magistrate with purely judicial functions. The
Chief magistrate was invested with powers to dispose of all appeals from the
decisions of the Courts of all Magistrates in Sikkim in respect of both Civil and
Criminal cases. All the cases triable by a Court of Session or Magistrate of the
First Class were to be filed before the Chief Magistrate's Court for trial and
disposal. Other cases triable by the Magistrates were to be filed in the
respective Courts of the Magistrates.

14. In 1970, one separate Munisff-Magistrate was appointed for South & West
Districts with headquarter at Gyalshing (West Sikkim) and with his
appointment District Officers/District magistrates were divested of the powers
to try Civil Suits. 'rhis was the first step towards separation of judiciary from
the Executive.

15. After the tripartite agreement of gth May, 1973 between the Chogyal, the
Foreign Secretary, Government of India and the representatives of three
political parties of Sikkim, was entered into, certain changes in the Judicial
349

structure were made. The lowest Court of law at the District level was
designated as District Court and the Presiding Officer was designated as
Assistant District Judge or District Judge according to seniority in status. The
post of Munsiff-Magistrate was abolished. The Court of the Chief Magistrate
was designated as the Central Court of Sikkim and the Presiding Officer was
designated as the judge of the Central Court. The High Court of judicature in
Sikkim remained as the High Court presided over by the Chief Justice of
Sikkim. The Government of Sikkim Act, 1974 provided that the judges should
be independent in the exercise of their judicial functions, subject only to the
said Act and the Laws.

16. Before Sikkim became the 22nd State of India, the Courts were dispensing
substantive justice based on the principles of equity and good conscience
which were largely according to the principles prevailing in India and customs
prevalent in Sikkim. The technicalities of procedure and law of evidence were
not allowed to defeat. The purpose of justice and law of limitation was not
rigid but elastic. Since 16th May 1975 we find the application of the
Constitution of India and Indian Penal Codes in the State of Sikkim.

17. The Constitution (thirty-sixth amendment) Act, 1975 made special provisions
for Sikkim on its merger with the Indian Union. Upon merger, Sikkim became
the 22nd State of India. Article 371F(i) of the Constitution of India provides
that the High Court then functioning as such would be deemed to be the High
Court for the State of Sikkim. Article 371F(j) provides that all ~ourts of Civil,
Criminal and Revenue Jurisdiction, all authorities and all Officers, Judicial,
Executive and Ministerial, throughout Sikkim would continue to exercise their
respective powers subject to the provisions of the Constitution. Article 371F(k)
provides that all laws in force immediately before the appointed day in Sikkim
shall continue to be in force therein until amended or repealed by a competent
legislature or other competent authority. In exercise of the power conferred by
350

Clause (1) of Article 371F of the Constitution, the President, vide Adaptation
of Sikkim Laws (No.1), Order, 1975, modified suitably the High Court of
Judicature (Jurisdictions and Powers) Proclamation of 1955.

18. Subject to the provisions of the Constitution of India, the High. Court is the
final authority in all-judicial matters, Civil or Criminal. Under Clause(i) of
Article 371F the High Court functioning immediately prior to the date of
merger became the High Court for the State of Sikkim under the Constitution
like any other High Court in the Country.

19. In 1975, the District Officers were designated as District Magistrates with
powers as provided in the Criminal Procedure Code of 1898.

20. In 1978, Sikkim Civil Courts Act was passed with a view to consolidate the
laws relating to the Constitution of Civil Courts subordinate to the High Court
and other relevant matters.

21. The subordinate judiciary consists of District & Sessions Judges, Chief Judicial
Magistrates, Civil Judges and Judicial Magistrates. District Judges are
members of the Sikkim Superior Judicial Service and the Chief Judicial
Magistrates, Civil Judges and Judicial Magistrates are the members of the
Sikkim Judicial Service.

22. The pecuniary jurisdiction of Civil Judges is upto Rs. 50,000/- and that of the
District Judge is unlimited.

23. An appeal from a decree or order of the District Judge lies to the High Court.

The present set up of judicial structure in the state of Sikkim:

At present, there are two cadres in the State Judiciary, viz.,

1. Sikkim Superior Judicial Service and


351

2. Sikkim Judicial Service

Sikkim Superior Judicial service consists of:

1. Secretary, Law-cum-Legal Remembrancer : 1 (one)

2. District and Sessions Judge (E&N) : 1 (one)

3. District and Sessions Judge (S&W) : 1 (one)

4. Registrar General : 1 (one)

5. Registrar : 1 (one)

6. Joint Secretary-cum-Joint Legal Remembrancer : 1 (one)

Sikkim Judicial-Service consists of:

1. Chief Judicial Magistrates. : 2 (two)

2. Civil Judges-cum-judicial Magistrates : 4 (four)

The Sikkim Judicial Service Rules governs the initial recruitment of Civil
'
Judges-cum-Judicial Magistrates, conditions of service and promotion to the cadre
of Chief Judicial Magistrates.

The initial recruitment to the cadre of Civil Judges-cum-Judicial


Magistrates in done by the selection committee consisting of (i) Chief Justice or
Puisne Judge of Sikkim High Court nominated by the Chief Justice; and (ii) Chief
Secretary, Government of Sikkim from amongst the candidates who have put in
three years of practice at the Bar as advocates on the basis of interview. After
appointment, the selected candidates will have to undergo initial training at any
place within outside Sikkim. The nature, duration and place of such training shall
352

be as determined by the High Court. Thereafter, he/she will be on probation for a


period of two years.

There are four posts of Civil Judge-cum-Judicial Magistrates in the cadre in


the pay scale of Rs. 7000-225-11500. One satisfactory completion of five years of
service, the Civil Judge-cum-Judicial Magistrate would be entitled to the senior
scale of Rs. 9000-300-13800. After ten years of service, he will be placed in the
Selection grade in the scale ofRs. 11000-350-16250.

After completion ·of three years of service, a Civil Judge-cum-Judicial


Magistrate would be eligible for promotion to the higher cadre of Chief Judicial
Magistrate in the pay scale of Rs. 11000-350-16250. There are two such
promotional posts of Chief Judicial Magistrates.

Sikkim Superior Judicial Service Rules, 1980

The Rules regulate the appointment to the Superior Judicial Service by


direct recruitment and also by promotion. Thirty Three (33%) per cent of the posts
are filled up by direct recruitment from amongst the members of the bar with
seven years practice and the remaining 67% of the posts are filled up by promotion
from Sikkim Judicial Service.

At present, there are 6 posts in the cadre carrying the pay scale of Rs.
10650-325-15850. One post of selection grade in the pay scale of Rs. 15100-400-
18300 is available for promotion to eligible members of the service on completion
of 9 years of service in the cadre. Further, one post is available in the super time
scale of Rs. 18400-500-22400 to an eligible member on completion of 6 years of
service in the selection grade subject to availability of vacancy.

Direct recruits to the service will be on probation for a period of two y~ars

and promoted officers, if appointed against permanent posts, will be on probation


for a period of one year.
353

High Court of Sikkim


Hon'ble Chief Justices of Sikkim High Court

Sl.No. Name Tenure of Office

1. Hon'ble Mr Justice M.M. Singh Gujral 7.5.76 to 14.3.83

2. Hon'ble Mr Justice M.L. Shrimal 17.12.83 to 3.1.85

3. Hon'ble Mr Justice J.K. Mohanty 21.1.86 to 14.1.89

4. Hon'ble Mr Justice B.N. Mishra 20.1.90 to 8.11.92

5. Hon'ble Mr Justice S.N. Bhargava 20.1.93 to 10.2.96

6. Hon'ble Mr Justice K.M. Agarwal 15.2.96 to 26.10.96

7. Hon'ble Mr Justice K.A. Thanikkachallam 27.8.97 to 26.9.97

8. Hon 'ble Mr Justice R. Dayal 3.2.99 to

High Court of Sikkim


Hon'ble Judges of Sikkim High Court

Sl.No. Name Tenure of Office

1. Hon'ble Mr Justice R.N. Sachar 16.5.75 to 6.5.76

2. Hon'ble Mr Justice A.M. Bhattacharjee 16.6.76 to 20.1.86

3. Hon'ble Mr Justice R. Dayal 10.5.84to 17.10.95

4. Hon'ble Mr Justice A. Deb 16.2.94 to 8.2.95


354

5. Hon'ble Mr Justice M. Sengupta 16.10.95 to 9.11.98

6. Hon'ble Mr Justice A. Deb 27.12.97 to 13.3.02

Pendency of Cases in the High Court

Civil Cases Criminal Cases Writ Petitions Other cases

RFA 7Nos. Crl. Appeal 9Nos. Civil 53 Nos. Nil

FAO 1 No Contempt 2Nos. Criminal 4Nos. Nil

Sl.No. District Number of vacancies Pendency of Other cases


Cases
\

Higher Other Civil Criminal


Judicial Subordinate Cases Cases
Service Judicial

1. District *1 **Nil 62 48 Land


& Acquisition 1
Sessions· Arbitrc-tion 3
Judge Succes:-;ion 37
(East & MACT cases 15
355

North) MACT 1
(mise: cases)
MACTExe. 1
Cases
P.C. Act 15
P.C. Act 1
(Misc.)

(a) CJM 1 140 Food


(E&N)
Adulteration 2

(b) CJJM 41 31 Juvenile 5


(East) ·Food
Adulteration 2

(c) CJJM 14
(North)

2. District **Nil 8 11 Succession 7


& PC Act 1
Sessions MACTcases 7
Judge Consumer 5
(South &
West)

(a) CJJM 11 21 Motor 7


(South & Vehicle Act
West)

(b) CJJM ' Nil


356

(South)

(c) CJJM 7 30 CMV cases 17


(West)

Total · · 2 130 295 128

Note:

*one post in Superior Judicial Service is lying vacant. Interview for the said post
has already been conducted and appointment is going to be made in due course of
time.

**Two vacancies of Civil Judge-cum-Judicial Magistrate one each in North


District and South District have not been filled up on account of low pendency of
cases in these Courts as the Sikkim Civil Courts (Amendment) Act, 2001 provides
that no post of Civil Judge-cum-Judicial Magistrate shall be filled up unless at
least 50 Civil Suits have been filed within the preceding one year in the said Court
located at a place where there is the Court of Chief Judicial Magistrate and unless
at least 30 Civil Suits have been filed within the preceding one year at a place
where there is no Court of Chief Judicial Magistrate. Only one Civil suit has been
filed in the Court of the Civil Judge-cum-Judicial Magistrate, North District in the
preceding one year and no Civil Suits have been filed in the Court of the Civil
Judge-cum-Judicial Magistrate (South) in the preceding one year. As such these
two vacancies have been treated as nil.

Source : Hon 'ble High Court of Sikkim, 2002.


357

The following table is self explanatory to highlight the cases tried by the High
Court of Sikkim from 1980 to 2001.

Year · Particulars Pendency Institution Disposed Pending at


at the during the during the the end of
beginning year year the year
of the year
1980 Writ Petition 5 20 10 15
1981 15 30 24 21
1982 21 53 44 30
1983 30 25 17 38
1984 38 28 48 18
1985 18 46 29 35
1986 35 27 19 43
1987 43 27 31 39
1988 39 28 18 49
1989 49 19 34 34
1990 34 20 15 39
1991 39 19 16 42
1992 42 21 20 43
1993 43 29 24 48
1994 48 30 49 29
1995 29 56 49 36
1996 36 55 46 45
1997 45 69 56 58
1998 58 570 245 383
1999 383 70 3'/3 80
2000 80 74 92 62
358

12001 1 62 77 84 55
359

Year Particulars Pendency at Institution Disposed Pending at


the during the during the the end of
beginning of year year the year
the year
1980 Criminal 4 14 12 6
Cases
1981 6 13 14 5
1982 5 5 7 3
1983 3 9 9 3
1984 3 9 9 3
1985 3 8 10 1
1986 1 6
. 7 0
1987 0 5 5 0
1988 0 11 10 1
1989 1 0 1 0
1990 0 3 3 0
1991 0 13 11 2
1992 2 6 6 2
1993 2 26 24 4
1994 4 9 11 2
1995 2 12 7 7
1996 7 16 19 4

, 1997
4 27 21 10
1998 10 93 75 28
1999 28 71 65 34
l

'
2000 34 98 103 29
2001 29 69 82 16
360

High Court of Judicature (Jurisdiction and Powers) Proclamation of 1955

Whereas it is expedient to 'define the powers of the High Court of


Judicature in Sikkim, the terms of officer of the Judge or Judges and matters
ancillary to the administration of Justice, I, Sir Tashi Namgyal, Maharaja of
Sikkim, am pleased to proclaim and ordain as follows:-

1. Title: This Proclamation may be cited as the High Court of Judicature


(Jurisdiction and Powers) Proclamation of 1955.

2. Judges:

a. There shall be a High Court of Judicature in Sikkim consisting of one or


more judges.

b. In case there are more than one judge, one of them shall be designated
by the Maharaja as the Chief Justice, with precedence over all the
others, who shall be designated as Puisne Judge.

3. Tenure: The Judges of the High Court shall hold office for such period as may
be provided in the terms of their appointment by the Maharaja.

4. Law to be applied: The High Court shall apply the laws and usages prevalent in
Sikkim.

5. Oath: Before assuming office, every judge shall make and subscribe before His
Highness the Maharaja, or some person appointed in that behalf by him, the
following oath:-
"I, ..... Appointed Chief Justice/Judge of the High Court of Sikkim do swear by
God solenmly affirm, that I shall bear true faith ;md allegiance to His Highness
the Maharaja and to the Constitution of Sikkim ::.s by law established and that I
will duly and faithfully and to the best of my ability and knowledge perform
361

the duties of my office without fear or favour, affection or ill will and that I
will uphold the laws and usages of Sikkim".

6. Jurisdiction:

a. The High Court shall be the final authority in all judicial matters, civil
or criminal, subject to the exercise of prerogative of mercy by the
Maharaja of Sikkim in case of convictions under the criminal law and
the provisions under section II(b) of his proclamation.

b. All courts and tribunals in Sikkim shall be subordinate to the High


Court from whose judgments and decisions in all matters, criminal and
civil, an appeal or revision, as the case may be, shall lie to the High
Court.

7. Classification, grading and supervisiOn of subordinate Courts:


The High Court may, with the approval of the Maharaja, classify and grade for
the purpose of jurisdiction, appeals and revisions the existing courts in Sikkim,
criminal and civil, and may, further, with similar approval, make rules
providing for:-

a. Supervision of the courts;

b. Submission of returns;

c. Regulation of the practice and procedure.

8. Procedure of High Court : The High Court may likewise, with the approval of
the Maharaja, make rules for its own procedure.

9. Power to punish or contempt: The High Court shall have the power to punish
with simple imprisonment for a period not exceeding six months and a fine not
362

exceeding rupees five hundred or with both any person found guilty of
contempt in relation to itself or to any subordinate court.

10. Language : The records in the High Court shall be in English for the time
being.

11. Giving of Maharaja's prerogative:

a. Nothing contained herein shall affect the Maharaja's prerogative of


mercy and pardon and his powers for remission, commutation and
reduction of sentence.

b. Nothing contained herein shall affect the Maharaja's prerogative to set


up a special Tribunal· for the review of any case, civil or criminal,
provided that the President of such Tribunal shall be a judicial officer of
the status of a High Court Judge and provided further that such
prerogative shall be exercised in only very special cases where, in the
opinion of the Maharaja, there may be apprehension of miscarriage of
justice.

12. Pay and service conditions: Judges of the High Court shall draw such pay as
may be fixed by the Maharaja and in respect of leave, traveling, gratuity and
other allowances, shall be subject and to the Sikkim State Rule.

13. Disposal of work: If at any time or for any reason no judge is available for the
discharge of the duties of the High Court, the Maharaja may make, by order,
such arrangements as he deems fit for the disposal of the work of that court.

Seal Sd/-
Tashi Namgyal
Maharaja of Sikkim
363

Dated Gangtok, the 17th April, 1955.

Source : Sikkim, Sikkim Durbar Gazette (Ext. Gazette), (Proclamation


Regarding High Court), Gangtok Sikkim Govt. press, April, 1955.

N.B. : The Author expresses his gratitude to Hon'ble Mr Justice, R. Dayal,


Chief Justice, Sikkim High Court, Gangtok for having provided, the data for
the write up on Judiciary in Sikkim with reference to structure etc. of the High
Court and to the Hon'ble High Court of Sikkim.

Thus the Judiciary in Sikkim exhibits its umque features which are
conspicuously when compared to other princely states of India and in the post
merger period the structure and functioning of the judiciary are made at par with
the other sister states of India, in accordance with Article 371F of the Constituion
and stipulations of the Constitutjon as a whole at large.
364

7. Politics ofN.B Bhandari: 1979 to 1994

The Man with an umbrella always dress.ed in three-piece suit with a tie
around his neck and well combed, strolling up and down on the M.G. Marg,
Gangtok invariably every evening, Nar Bahadur Bhandari was upset ip. the merger
of Sikkim with India and suffered in the torture of CRPF and application of MISA
on him. N.B.Bhandari was one of the first graduates of his generation and was
basically serving as a Nepali teacher in Sikkim Government School(s). He was
dismissed from pedagogy (pedagogue) because of his political involvement.
However, he seasoned himself
. .
as a demagogue to enter into politics of Sikkim and
founded Sikkim Janata Party. He quietly revived it and established a new regional
party namely Janata Parishad (later called it Sikkim Janata Parishad) and contested
with a team of young politicians who were mostly school teachers in the October
1979 Sikkim Legislative Assembly elections. A good orator in Nepali and
opposed to the first ·Chief Minister of post merger Sikkim Kazi Lhendup Dorj ee
whom N.B.Bhandari branded as 'Desh Bechuva' (the man who sold the country).
The JanataParishad headed by N.B.Bhandari urged for the immediate election to
the Assembly to be held by October 1979 owing to the Constitutional crisis as
because the imposition of President's rule for the first time in Sikkim under the
Proclamation of President of India was not approved by either House of the Union
Parliament of India.

The newly founded Janata Parishad under the leadership of N.B.Bhandari


contested the first ever democratic election to Sikkim Legislative Assembly, 1979
· which was conducted under the Constitution of India on the basis of Universal
Adult Franchise under the supervision of Election Commission of India and by the
Presidential Ordinance .of Reconstitution of the Territorial Constituencies (Bill
No.79 of 1979) of the Assembly in Sik'~im. The Territorial Constituencies were
reorganized as follows 1:
365

1974 1979

15 Reserved for Nepalese General Seat 17

15 B-L.Seats B-L.Seats 12

1 S. C.(N epalese) Scheduled Caste 2

(Nepalese)

1 Sangha Sangha Seat 1

Total-32 32

The tactic and party manifesto of J anata Parishad with its symbol Horse and
continuation of hi-coloured Red-white flag of the Palace promised "Ushering in
Democracy, destroy communalism, discontinue divisive policy and we are ready
to lay down our lives. We will obtain the RIGHTS OF THE SIKKIMESE. This
party if returned to power, is committed to giving the SIKKIMESE PEOPLE
BACK THEIR SELF-RESPECT AND SENSE OF DIGNITY2 ". (which remained
only a promise and unable to undo merger). That was an eight-cornered contest of
Janata Parishad, Indian National Congress (U), Janata Party, Sikkim Scheduled
Caste League, CPI(M), Sikkim Congress (Revolutionary) S.C. (R), Sikkim
Prajatantra Congress (SPC) and independents in 1979 election. For the first time
Plainsman contested in this election, electoral identity cards were provided to the
electors that were not made a precondition to cast votes or exercise franchise.
Altogether 9 women candidates contested the election. Election was held for 31
Constituencies and in Khamdong it was countermanded owing to the demise of
one of the contesting candidates. The main rivals were Janata Prarishad and
Sikkim Congress (Revolutionary) (SCR).
366

The SC(R) maintained in its manifesto that "Democracy, Secularism and


Socialism. Down with Bill No.79. Down with Communalism3 . Fight for your
Rights". R.C. Poudyal the leader of SC(R) did not contest 1979 Assembly
Election as a protest against Bill No.79.

The Janata Parishad headed by N.B.Bhandari won 16 seats and took the
support of the Sangha independent candidate in the formation of Ministry. The
SC(R) won 11 seats and Sikkim Prajatantra Congress (SPC) won 3 seats.
B.B.Gootoong of S.C.(R) won from both Chakung (West) and Jorethang (South)
Constituencies. The INC (U) team headed by L.D.Kazi was completely routed.
Both N.B.Bhandari and L.B.Basnett bagged highest number of votes from Soreng
(West) and Gangtok (East) Constituencies.

An eight member Cabinet including the independent Sangha MLA headed


by Nar Bahadur Bhandari assumed office4 and took oath of their offices.
N.B.Bhandari became the second Chief Minister of Sikkim heading a regional
political party. Sonam Tshering5 assumed the office of the Speaker followed by
L.B.Basnett as Deputy Speaker6 .

The bye-election to Khamdong (SC Constituency) and Chakung


Constituency (West) were held along with the election to the lone Sikkim
Parliamentary Constituency in January, 1980. Pahalman Subba (once again a
School Teacher) won the election defeating his immediate rival· R.C.Poudyal of
S.C.(R) in the Lok Sabha election from the Sikkim Parliamentary Constituency.
In the bye-election to Khamdong and Chakung Constituencies of the Assembly,
Dal Bahadur Damal of SPC and Chandra Bahadur Rai of SC (R) ·were declared
elected.

By 1980 the politics of defection started (a general feature in the politics of


Sikkim i.e., Defection from among regional parties to national political party
367

which is in power at the Centre) and the strength of the ruling Sikkim J anata
Parishad in the Assembly was raised to 20, SC (R) to 11 and SPC to one only.

On July, 7 1981 there was an enbloc defection of Sikkim Janata Parishad to


Congress(!) and N ar Bahadur Bhandari became Congress(!) Chief Minster of
Sikkim, commanding strength of 23 MLAs on the floor of the Sikkim Legislative
Assembly. Even the prominent leader of SC(R) B.B.Gooroong had defected to
Congress(!) and became the Finance Minister of Bhandari's Cabinet. Once again
there was an increase of defection from SC (R) to Congress(!) and as a result
Bhandari commanded 26, SC(R)-2 and SPC-1 seats. In the meanwhile since the
independent candidate Dugo Bhutia resigned from the Assembly from Rakdong
Tintek Constituency, the bye election to Assembly in the year 1983 elected Sonam
Tshering of Congress(!) was declared elected defeating SC (R) and SPC
candidates and also the independent candidate Dugo Bhutia. The success to
Congress(!) in the bye-election was because of Bhandari's leadership 8.

As a face-saving device, leaders of the political parties who suffered a


humiliating defeat in the hustings, once again tried in vain boycotted the swearing-
in-ceremony of the new Parishad Ministry by raising a bogey of the so called anti
national stance of the Sikkim Janata Parishad.

The then Governor of Sikkim B.B.Lal briefed the other leaders who
approached him that the speeches made by Bhandari during election campaign in
1979 could not seriously be taken into consideration as they only reflected the
surcharged emotions expressed by public leaders to influence the voters. He
however, assured them that he would keep a constant watch on the style of
functioning of the new Ministry and not to work against the established
conventions of the Indian Constitutions.

The hollowness of those leaders' charge was thoroughly exposed when the
President of the Sikkim Janata Parishad, Mr.Bhandari, announced in clear terms
368

Sikkim's merger with India was 'fait accompli, and the· facts of history could not
be nullified'. He declared that his Ministry would work within the parameters of
the Indian Constitution, and attempts by the vested interests to reverse the course
of history would be severely dealt with as an anti-national move. It was added
further, Sikkim which was integrated into the natiop.al mainstream for historical
reasons, considered itself fortunate in working together with the fellow
countrymen for building up a new prosperous resurgent India" ..
-
On assuming power the Sikkim Janata Parishad declared to promote a
cordial Centre-State relations and to uplift the chronic socio-economic
backwardness of Sikkim, agrarian reforms amending the Sikkim Cultivators'
Protection (Temporary Proven) Act to extend security to hundreds of landless
cultivators, revitalization of Panchayats to involve the people in the decision-
making process at_ the grass-root level and to assign them rural development
programme. Welfare programmes to solve acute housing problem, infrastructure
for the marketing of agricultural produce, dairy farming, dairy development,
assessment of livestock, to control cattle diseases, multi-pronged development
strategy to cover sectors like industry, power, road communication and education,
son of the soil policy, to protect the interest of the local people increase of literacy
rate, incentives to teachers, setting up of cottage industries, registration of as many
as 46 industrial units, self employment ventures and cottage industries etc.

The most important and striking aspect of Sikkim J anata Parishad on


assuming power was to replace CRPF by SAP in all State Government offices and
other places ?f Security. Yet another incident was to replace B.B.Lal the then
Governor (by reminding the Centre that he had crossed his fixed tenure of five
years . as Governor of Sikkim) and bringing H.J.H.Taleyarkhan a flamboyant
personality as new Governor of Sikkim, who ultimately became an ambitious man
to play the ouster game and toppled N.B.Bhandari. Using discretionary power and
pleasure of the Governor he dismissed N.B.Bhandari and appointed B.B.Gooroong
369

as Chief Minister of Sikkim in the year 1984. The move proved to be a damp
squib and the Governor had no alternative except to recommend for the imposition
of President's rule in the State by 25th May, 1984. (Source: Sikkim: Sikkim Govt.
Gazette (Ext Gaz), No. 69 (25th May, 1984), Gangtok, Sikkim Govt. Press, pp.2.

The removal of Bhandari from power was a big surprise to the people of
Sikkim in spite of the fact he had commanded three-fourths majority on the floor
of the Sikkim Legislative Assembly. It is believed that he was removed because of
vital security interests and loss of confidence by the party legislators owing to the
fact that he was becoming a dictator and disobedience to Congress(!) high
command. According to party observe P.Venkatsubbiah the then Union Minister
for Home Affairs, Bhandari was asked to give up his demands and when he stuck
to his position, the dismissal order without assigning any reason, was reportedly
served on him. Further, it was said by AICC Observer P.Venkatasubbiah that
Bhandari was removed as a majority of the State Legislators had lost their
confidence in him and on whom several corruption charges had been leveled. To
Bhandari that was not a surprise as because he was not ready to compromise with
regard to his demands on seat reservation, grant of citizenship to the Stateless
people and recognition of Nepali language. The action of the then Governor
H.J.H.Taleyarkhan was described by Bhandari as unconstitutional and
unprecedented in the annals of Constitutional democracl. The immediate reason
was that Bhandari was intentionally engaging himself into direct and open
confrontation with the Centre and party high command. The Karfektar convention
held in Jorethang, South Sikkim, was the culminating factor which made the
Centre to ponder seriously over the change of leadership in Sikkim in the year
1984 and that is branded as Bhandari's waterloo. No seat, No vote, empty threats
to the Centre, having refused to resign and corruption charges ultimately led to the
ouster ofN.B.Bhandari and to effect the change in the party leadership.
370

Restoration of seats for Nepalese in the Sikkim Legislative Assembly


remained aforgotten story. However, inclusion of Nepali in the VIII Schedule of
the Constitution and opposing to the extension of Central Direct Taxes Act over
Sikkim (in spite of the fact it was welcomed by N.B.Bhandari) were gaining
momentum and received public support. The increasing influx of people and
citizenship for Stateless people in Sikkim remained uncaret and unanswered.

On removing N.B.Bhandari the then Congress(!) Chief Minister of Sikkim,-


B.B.Gooroong was appointed by H.J.H.Taleyarkhan as Chief Mi).lister on 11th .
May, 1984.

14 Days Ministry of B.B.Gooroong10 :

B.B.Gooroong who defected from Sikkim Congress (Revolutionary) and


became Congress(!) Finance Minister of Bhandari's Cabinet was chosen by. the
then Governor of Sikkim Taleyarkhan as the Chief Minister in the place of
N.B.Bhandari on May 11, 1984. Gooroong was appointed as Chief Minister in
accordance with article 164(i) of the Constitution of India and in the pleasure of
the Governor. Gooroong's Ministry had 9 members Cabinet. In his press
conference after becoming Chief Minister of Sikkim, Gooroong reiterated that his
Government would continue to fight for the just demands of the people of Sikkim,
but stated that his approach with the Centre in dealing with various problems of
the State would be of co-operation and consultation and not confrontation.
Gooroong's. long political career, despite occasional defections, political flings
reflect his identification and support for both the majority and minority
communities of Sikkim in regard to various issues. His Ministry lasted hardly a
fortnight or so. Owing to instability and lack of support the then Governor
recommended for the imposition of PJ'esident's rule in Sikkim.

The President's rule was imposed for the second time in Sikkim on May 25,
1984. Whatever may the intention of the Centre in imposing President's rule in
\..
371

Sikkim, the people welcomed .the dissolution of the Assembly proves that the
representatives of the people no longer cared for the peoples welfare but cared
only to their own greed and growing ambition but not to se!Ve the interests of the
people. It is high time for the people to reaffirm and to strengthen the ethical,
spiritual and political beliefs. Since 1975 the democratic experience under these
leaders was a shattering experience to the Himalayan State-Sikkim.

B.B. Gooroong was born on 11th October 1929 at Chakung, West Sikkim.
He graduated from Calcutta university in humanities I arts and initially served as a
school teacher at Turnbull school, Darjeeling and later one ye·ar in Rango High
School between 1951 and 1955. Leaving teaching profession Gooroong joined
journalism and worked as a staff Reporter to the Calcutta based Amrita Bazaar
Patrikha. He was also associated with Nepali magazine and edited a Nepali
Magazine 'Kanchenjunga'. He also edited a book titled 'Sikkim: Past and
Present'. He is married and has three sons and a daughter.

Gooroong took active participation in politics of Sikkim and because of his


political inclination he joined in his 20s Sikkim Rajya Congress under the
leadership ofkashi Raj Pradhan and became General Secretary of the party.

He came under the influence and association of Kazi Lhendup Dorjee led
Sikkim Rashtriya (National) party and was elected a councilor for the first time
from his native Constituency Chakung. As a result he was appointed Executive
Councilor by the then Chogyal to look after Education, Forest and Transport
departments - which he carried out to the tallest satisfaction of Chogyal and the
people of Sikkim.

The political upheaval that sparkled off after the fifth general election and
in 1972 under the leadership ofKazi Lhendup Dorji led Sikkim National Congress
caused complete breakdown of law and order in Sikkim. Gooroong joined this
pro-democratic movement of Sikkim and was one of the signatories to sign the
372

historic May, 8, Agreement 1973- the Tripartite agreement of the Chogyal, by the
leaders · of political parties and the Government of India to establish a
constitutional monarchy Parliamentary Democracy m Sikkim to frame a
constitution, to guarantee fundamental rights, rule of law, independence of
Judiciary legislature and executive, powers to elected representatives and adult
suffrage based 'on one man one vote'.

As one of the responsible signatories along with L.D. Kazi, K.C. Pradhan
and others to the agreement B.B. Gooroong stood for the cause o introducing a
clear cut parity in the Sikkim Assembly by which a new parity formula got
evolved to reserve 15 seats for Bhutia-Lepcha, 15 for Nepalese (of Sikkim origin),
1 for Sangha and 1 for Scheduled Castes (Nepalese).

Election to the Sikkim Assembly Under the 1973 May Agreement was held
in 1974 and Gooroong was elected to it- one among the 31 members of Sikkim
,. National Congress under the leadership of L.D. Kazi. Later from October 1977 to
1979 Gooroong was appointed Speaker on the demise of C.S. Roy the then
speaker ofthe Assembly.

Gooroong was quite active in the politics of Sikkim between 1973 and 1975
and was instrumental in making Sikkim and associate State of India in 1974 and
later a part of Indian federal polity i.e. 22nd State of the Indian Union in the year
1975.

In the 1979 October historic Sikkim legislative election B.B. Gooroong was
elected from two constituencies viz., Chakung and Jorethang and established for
the first time a record and a singular distinction of winning from two
constituencies. He retained J orethang constituency and served as a M.L.A. of
Sikkim congress (revolutionary) of R.C. Poudyal. When N.B. Bhandari's Sikki~

Janta parishad defected to congress (I) Gooroong also defected to congress (I) and
373

was offered a cabinet Ministerial berth in the year 1983 to hold the portfolio:
Finance.

In a surprise move the then Governor of Sikkim Homi J.H. Taleyarkhan


dismissed N.B. Bhandari as Chief Minister Under article 164(1) of the
Constitution on the ground that Bhandari ceased to command the pleasure of the
Governor and the same Governor under the same provision of the Constitution of
India appointed B. B. Gooroong as the Chief Minister of Sikkim on 11th May 1984-
the third Chief Minister of Sikkim. Gooroong's 14 days Ministry consisted of 9
cabinet Ministers. Soon after assuming the Office of the Chief Minister, Gooroong
reiterated that this Government supports the demands of the people of Sikkim and
continue to fight for the 'just demands' of the people. He also stated that his
approach with the Centre in dealing with various problems of the state would be of .
cooperation and consultation but not confrontation.

B. B. Gooroong in his short tenure as Chief Minister of Sikkim accorded to


an order to the Central Bureau of Investigation to peruse and investigate the
alleged charges of corruption against N.B. Bhandari. Under Delhi Police
Establishment Act,· 1946, it was directed by Gooroong' s cabinet to take up cases
by CBI for investigation relating to various offences committed by Bhandari.
Further it was pointed out by Gooroong that N.B. Bhandari had acquired amassing
wealth I assets disproportionate to his known sources of income in his name and
wife. B.B. Gooroong along with L.D. Kazi sought the direct intervention by the
. then Prime Minister P.V. Narasimha Rao on Bhandari and the then RDD Secretary
P.K. Pradhan.

Gooroong' s Political career despite occasional defections his political flings


reflect his identification for protection of both minority and majority communities
of Sikkim in regard to various issues.
374

Un fortunately owing to lack of support and instability finally the then


Governor of Sikkim recommended for imposition of President's rule in\the State
of Sikkim under article 356 of the Constitution of India on 25/26th May 1984.

As a shrewd man politics B.B. Gooroong exudes an aura of confidence


in all situations and always injects courage in those who are dithering.

After a short political break between 1984 and 1993 once again B.B.
Gooroong took active part in the politics of Sikkim and joined hands in the Pawan
Chamling's move of restoring democracy and establishment of the party namely
Sikkim Democratic Front. In SDF Government B.B. Gooroong is appointed as
Political Adviser to the Chief Minister of Sikkim, Pawan Chamling.

It is prayed that Shri. B.B. Gooroong will live long to serve the people of
Sikkim as a senior citizen and seasoned statesman. He also stands for protection of
article 371 F of the Constitution of India that protects and guarantees the rights
and sentiments of the people of Sikkim. (As narrated by B.B. Gooroong).

Bhandari was a master tactician that he started move after move to


strengthen his party's position in the State Assembly as an effective counter to the
opposition's sinister political game. In a clever move~ he started persuading the
opposition legislators to join his ruling Sikkim Janata Parishad. One by one, they
started joining the ruling party from SC (R) and SPC. As the influx continued, the
ruling party's strength in the State Assembly went on swelling up. By Autumn
ses~ion 1980, the opposition party leader B.B.Gooroong tabled a no-confidence
motion against the Parishad Government. The attempt proved a damp squid as the
House rejected the motion by 19 votes to 10 with one abstention. The ruling party
stood united and unassailable without any cross voting. A number of attempts
were made to destabilise still the Parishad Government every time remained
stronger than before. The opposition was completely crestfallen with a low
profile. After having CQnsolidated and to provide a broad national factional base
375

there came an opportunity for Sikkim J anata Pari shad to merge his party with
Indian National Congress (I) and convinced his party colleagues for the merger
with Congress (I). It was pointed out that the merger into Congress (I) was to help
create rapport with the ruling party at the centre and liberal Central assistance for
the State's all round development. ·When Bhandari stole the thunder, a process of
disintegration took place in the Sikkim Congress (R) resulting in its erosion.

It is also interesting to note that when a· number of Central Acts and the
Excise Acts were extended to Sikkim the estrangement of relationship reached a
flashpoint. Prior to the extension of these Act, a number of industrial units
manufacturing of cigarettes (Wills India) and cosmetics (Ponds India Ltd.,) had
come up in the State, taking advantage of the situation in Sikkim - where no excise
duty was levied on the production of these items. It created a disastrous effect on
the process of industrialization of this backward State Sikkim and workers out of
employment. This had culminated in the move of grooming a tribal leader from
North Sikkim as the Chief Minister of the State and division of the Bureaucracy
into two groups - one nursing loyalty to the then Governor and the other to the
Chief Minister.

One important observation was that except· inducting B.B.Gooroong as


Finance Minister and Ram Lepcha as Minister for Local Self Government,
Bhandari did not reshuffle his Cabinet and the bureaucracy. Another interesting
feature was to establish Secretariats to various Departments and in particular
appointment of Secretary to the Department of Education. The strength of the
Cabinet was kept at ten members. The victory of Bhandari in 1979 election
symbolized the triumph of anti-merger forces whose main objective can best be
expressed in these words 'Sikkim for Sikkimese'. Therefore, Bbandari was not so
important in himself but what he represented. Members of his !'arty disintegrated
and his personal loss of credibility stem from the fact that he had drifted far
beyond the people's widest expectations on the stand that the party had initially
376

taken. The promise of the party remained a distant dream and it was unable to
giving the Sikkimese people back their self-respect and sense of dignity.

The party also assured that if given chance to punish the corrupt regime of
the Kazi Government for all its corruption, favoritism and nepotism practic,ed
since 1974. Unfortunately, corruption and nepotism of Bhandari himselfled to his
downfall. The 'Sons of the Soil' policy formulated and propagated did not make
much headway to protect the local interests and sentiments in giving Government
jobs. It was his own henchmen who later formed a nucleus, which ultimately
influenced the formation of a dissident group to knock him down. People did not
anticipate Bhandari's betrayal on the basic issues concerning the people, which
ultimately resulted in quoting the oft-repeated phrase 'Kazi sold the body,
Bhandari sold the soul'. This brought the gradual erosion in the distinctive
character of Sikkimese way of life. All his supporters were paid supporters.

To look back one can see enough evidence to justify the fact that
N.B.Bhandari and his team unconsciously became victims of circumstances and
political intrigues that finally broke them into 'pieces and shattered every hope of
them coming ·together on the same plant they once stood unitedly. The anti-
merger issue had largely ceased to motivate any major political force that is a
significant change and a new phenomenon in Sikkim's contemporary political
development. Loosing charismatic leadership and loosing power are best known
in various parts of the country. Such happenings for Bhandari in Sikkim must be
understood from the Sikkimese context, if one if to have a deeper understanding
and inner insight into the situations prevailed in Sikkim. Bhandari's removal and
departure from leadership in 1984 symbolize the end of an era in the politics of
Sikkim.

No sooner Bhandari was dismissed, he left Congress (I) in disgust along


with his majority legislators and once again hoisted his red and white flag to start a
377

new regional party viz.Sikkim Sangram Parishad (SSP) with elephant as its
election symbol on 24th May, 1984. At the outset he welcomed the dismissal of
Gooroong's ministry and welcomed President's Rule in the State (for the second
time in the State) and further stated that the party has emerged as a result of illegal
and undemocratic dismissal of his Government, due to which the whole fabric of
democratic institutions and constitutional norms in Sikkim were put at peril.
Moreover, the SSP with a promise to protect and preserve the interests and rights
of the Sikkimese pledged itself to foster communal harmony, national integration,
secularism and development of Sikkim with a focus on safeguarding the edifice of
the hard won freedom and democracy. The Sikkim Sangram Parishad included
this time the old henchmen of Sikkim Janata Parishad and other new young
leaders including Pawan Kumar Chamling. The newly founded SSP contested
December 1984 Lok Sabha election and March, 1985 Sikkim Assembly election
with a new manifesto consisting ofthe following five main issues:-

Restoration of Seat reservation: To restore parity and maintain reserved


seats for Sikkimese Nepalese as originally contained before merger and
under Article 371 F(f) ofthe Constitution of India.

Citizenship: For the people rendered Stateless in Sikkim and to fix the cut
offyear 1970.

A son of soil policy: To safeguard, to preserve local identify and to


give all Government jobs and trade licenses to the Sikkimese people.

Constitutional recognition: To the State's lingua-franca viz., Nepali


Language commonly spoken by all and majority of the people of Sikkim to
get constitutional recognition and to get it included in the VIII Schedule of
the Constitution of India.
378

To alter Centre-State relations: For demanding more financial and


political freedom for.the States of the Indian Union and to extend support
for Constitutional amendment (taking into account the role played by
Governors .in Sikkim, Andhra Pradesh and J&K in the year 1984) to the
concept of State Government continuing in power in the pleasure of the
Govemor 11 •

The newly founded Sikkim Sangram Parishad with elephant as its election
symbol and red all:d white flag contested the Lok Sabha election in December,
1984. The President of SSP, N.B.Bhandari himself contested the election and the
result is as shown below12 :-

Name ofthe candidate(s) Votes polled

N.B. Bhandari (SS) 56,614 '" '

P. Subba (INC (I) 21,234

· B. Rai (lnd) 1,717

L.B.Basnett (Ind) 936

B.B.Mishra (CPI (M) 843

P.T.Lepcha 495

B.R.Harijan (lnd) 110

Thus Bhandari himself won the election and became Member of Lok
Sabha.
379

'
In the March, 1985 Sikkim Legislative Assembly election N.B.Bhandari
and his team of SSP contested against Congress(!), Janata Party, CPI, CPI (M),
Sikkim Prajatantra Congress, Himali Congress, Gorkha League and a number of
independent candidates:

Results

SSP 30

Congress (I) - 01

Independent - 01

Total 32

From the most prestigious Gangtok constituency Smt.D.K.Bhandari (wife


of N.B.Bhandari) and 11 other candidates contested. D.K.Bhandari was defeated
by a plainsman and ex-Chairman of Gangtok Municipal Corporation namely
Balchand Sarda who was solidly backed by mercantile vote ·bank, Government
employees and plainsmen votes:

In Kabi Tingda constituency of North Sikkim the Congress (I) candidate


won. The success of Congress (I) here was a progress for it in the stage of Sikkim
since the solitary success was a reflection of its own. That one seat for Congress
(I) had given a footing for it in Sikkim's politics that was absent earlier 13 . The
· success to SSP in 1985 was nothing but an expression of Bhandari wave and the
quality of his triumph in the election was an expression of public disapproval of
the gubernatorial coup of 1984.

Bhandari for the second time assumed office as fourth Chief Minister of
Sikkim with his 11 members cabinet team. Including N.B.Bhandari the Council of
Ministers comprised of:-
380

Chamla Tshering

Padam Bahadur Gurung

Dorjee Tshering Bhutia

Sanchaman Limboo

Padam LaB Gurung

Khara Nanda Upreti

Thukchuk Lachungpa

Taramani Rai

Sonam Choyda Lepcha

14
Sonam Dupden Lepcha

T.R.Sharma was appointed as Speaker of Sikkim Legislative Assembly and


Ram Lepcha as Deputy Speaker. Further the Sikkim Government Gazette No.40
March, 25, 1985 notified the list of Chairmen of various State organizations.
Pawan Chamling MLA was made Chairman, Sikkim Distilleries Ltd., Rangpo.

Smt D.K. Bandari left SSP and joined congress (I) in 1988-89 on the
grounds of her husband's reckless infidelity and to inject new blood into the party's
prospect for making a President in the SSP's hegemony in the State. In spite of it,
the overall congress machinery in Sikkim was unequal to the task of coping with
Bhandari's growing arrogance and the militancy of his commando forces. Even
the murder and mysterious disappearance of Dharamdatta Sharma, rising Congress
leader from Tumburung, West Sikkim, failed to rouse the congress and its
followers to make a bold stand against the growing on atrocities of the Sangram
381

goons. Mrs.D.K.Bhandari remained a congress member of Parliament from


Sikkim.

In the meanwhile, election to the Sikkim Legislative Assembly took place.


Altogether 118 candidates contested the election. The Sikkim Sangram Parisad,
Congress(!), the Rising Sun Party of R.C.Poudyal, and some independent
candidates were in the fray. In all 32 Constituencies the Sikkim Sangram Parisad
swept the poll.

Results SLA Election: DEC: 1989

SSP 94,078

RSP 11,472

Denzong 298
Chogpa

Congress (I) 24,124

Independents 3,647

Source: Pradhan P.K.Election Reports; 1989-90 Op. Cit.

The success of SSP securing all 32 Seats in the Sikkim Legislative


Assembly without any opposition in 1989 was a record in the post merger
Government and Politics of Sikkim. All political in the State contested with the
same programme such as Seat reservation, recognition of Nepali language to
promote Cordial Center-State relations and son of the Soil Policy.

To bring rapid Socio-economic development iri various sectors of the newly


born State, the Central Government started pumping massive funds in the Annual
382

Plans of the State Government. There was some visible progress in the State
owing to flow of the enormous out flay provided for its planned economic
development but not to the extent it should have been. Between 1979 and 94,
during the rules of SJP and SSP headed by N.B.Bhandari made achievements in
different fields of developmental activities and it was multi dimensional.
Universal free education, to make education accessible to the poor and free
distribution of books and exercise books up to Class XII, extension of basic health
needs to the doorsteps of the rural mass with a rise in Primary Health Centres and
Sub-Centers all over the State, progress in the field of power generation, rural
electrification, agricultural, industrial, rural and urban and transport developments
in the State. To provide network of roads and bridges, protection of Weaker
Sections of the Society, equal treatment to all and Sons of the Soil. The most
conspicuous achievement of SSP headed by N.B.Bhandari and his wife D.K.
Bhandari was to receive constitutional recognition for Nepali language and to
• include the same in the VIII Schedule of the Constitution of India in August,
1992 15 .

On winning the election N.B.Bhandari again assumed the office for the
third time as the Chief Minister of Sikkim with 11 members of Cabinet. The
efforts of Rising Sun Party went in vain and the identity of the Congress(!) was
completely routed because of people's continuous allegiance to the leadership of
Bhandari and SSP. Bhandari in a Span of 14 years leadership became uncrowned
monarch of Sikkim. His coming to power repeatedly reflected people's
preference for a regional party.

In the Council of Ministers, Pawan Kumar Chamling for the first time was
offered a Cabinet berth to hold Industries, Information and Public Relations ::tnd
Printing in the State of Sikkim.
383

THE FALL OF BHANDARI

When things were moving smooth for Bhandari, a former henchmen of him
Dharamdatta had defected to Pradesh Congress (I). Dharamdatta began in an
earnest manner an elaborate Campaign in which he made no bones about
disclosing many of Bhandari's secret property deals and also brought out
Vedhmaya Chatteri the legally married first wife of Bhandari, to be paraded before
the Sikkimese J anata to expose Bhandari as a bigamist. Since Dharamdatta
crossed the 'Laxman Rekha' and as he had become a potentially dangerous
adversary for Bhandari, the story goes that he was arrested by the police, .whisked
away in a police Gypsy SKM 999. Since then Dharamdatta's whereabouts were
16
unknown .

It is believed Dharamdatta allegedly shot inside the gypsy and the dead
body was buried across Rangeet in an unnamed grave on the West Bengal side ..
The West Bengal Police, in the meantime, got wind of sordid incident and
believed to have made a big ruckus and learnt reliable about it. At hefty bribing
finally Bhandari clinched the matter. The dead body of the deceased bad to be
exhumed, brought over to the Sikkim side at Jorethang butchered into forty five
pieces put into a gunny bag and thrown at the confluence of Teesta-Rangeet to be
17
fed to the marine creatures .

It seems that the SSP bagging 32 out of 32 Seats in the 1989 Assembly
election was a result of series of bloody campaigns. This was the most violently
fought elections in Sikkim's electoral history and· more gruesome than the
18
Statewide agitation of 1973 and the Congress(!) suffered in the torture .

The brute strength of one hundred percent majority in the Assembly


became the ultimate weakness because there was conspicuous abc;ence of
constructive opposition that is an essential prerequisite of a vibrant democracy.
This made Bhandari to grow arrogant and ended up becoming a dictator like
384

Saddam Hussain. As a matter of fact, the tiny State of the Union Republic is
perhaps due difference to the State's past history prior to the merger. The Centre
was a passive spectator to the incidents that have taken place during this period in
19
Sikkim unobtrusively under the dictatorial rule of Bhandari .

For 14long years Bhandari had lived in ninth cloud and was unaware ofthe
plights of the Sikkimese bulk that eke out their miserable existence living for
below poverty line. However, by hook or crook he managed to win elections
since 1979. But the 1989 election, it is believed, was a farce. Had he not replaced
one and all ballot boxes, as it was alleged, it. was impossible for SSP to win all 32
Seats and that was a concocted victory 20 .

Pawan Chamling who was a close associate of Bhandari trying to search for
democracy was removed from Bhandari's Cabinet on flimsy grounds in June 1992.
That was an arbitrary action and which marked the descent of Bhandari.
Chamling the lone member constituted 3 percent opposition in the 1989-94
Assembly-both within and outside started gaining popularity with innate charisma
became the new messiah of the people of Sikkim. Kazi Hindu Dorji pointed out to
the Centre in his memorandum to the Prime Minister that the democratic rule,
economic development and Rule of Law in Sikkim, during Bhandari's rule have
been consigned to flame. His appeal was that Sikkim should taste the fruits of
democracy and her people enjoy the fruits of development. B.B.Gooroong in his
short tenure accorded to an order to the CBI to peruse investigation of alleged
charges of corruption against N.B.Bhandari. Under the Delhi Police
Establishment Act, 1946, it was directed by Gooroong's Cabinet to take up cases
by CBI for investigation relating to various offences committed by Bhandari.
Further, it has been pointed out that Bhandari had acquired wealth
disproportionate to his known source of income in his name and his wife. In order
to escape from the CBI probe on him, Bhandari approached Rajiv Gandhi for an
unconditional merger of SSP with Congress(!) and requested to withdraw the CBI
385

cases. When things were growing complicated for Bhandari with one side CBI
case, the rise of Pawan Chamling and withdrawal of Finance Bill by the Centre in
relation to Income tax issue there appeared the Great Political upheaval headed by
Sanchaman Limbo, on the other side.
386

THE GREAT POLITICAL UPHE.AVEL IN THE POLITICAL HISTORY


OF SIKKIM:1994 (Zt)

Though small in stature but great and shrewd in his move, Sanchaman
Limbool a close associate ofN.B.Bhandari surprised all and removed Bhandari in
a political coup in the year 1994.

Sanchaman Limboo a graduate of North Bengal University who started his


career as a school teacher later Head Master and an AEO of education department
was active in Government Teachers' Employees Association and Government
Employees' Association, Sikkim. He was first elected from Y oksom Constituency
as a MLA in Bhandari's newly founded Sikkim Janta Parishad and later in 1984
and 1989 as one of the founding Members of Sikkim Saniram Parishad. First he
was inducted as a Cabinet Minister, of Health, Education and Industry. Left
Bhandari in 1983 he formed a new party namely Sikkim United Council -headed
,;,
by L.D.Kazi. Reunited with Bhandari in 1984 he assisted in the formation of
Sikkim Sangram Parisad. Once again in the year 1985 he was offered a Cabinet
Seat for one full term. From 1989 to 1994 he was not inducted in the Bhandari's
Cabinet but was made Chairman of Public Accounts Committee of the Assembly.

In the year 1983 he was dropped along with Sherab Palden in order to
induct B.B.Gooroong and Ram Lepcha in the Bhandari's Cabinet. When Bhandari
got defected to Congress(!), Sanchaman remained aloof. In the gubernatorial coup
Limbu welcomed removal of N.B.Bhandari as Chief Minster of Sikkim,
appointment of B.B.Gooroong as Chief Minister and finally imposition of
President's rule for the second time in the State in May, 25/26, 1984. His winning
election from 1979 to 1989 was based on his local leadership, influence and party
work..

As a Cabinet Minister in 1979 and 1985 Sanchaman was instrumental for


Sikkim developing in education, health, industry and welfare activities. The
387

Sikkim Times Corporation Ltd. was expanded. Free education up to collegiate


level was launched, increase in quota seats in the institutions of national
importance for engineering and medical sciences for the local students to study
outside the State, establishment of Primary Health and Sub Centres in the State as
a whole and inclusion of Tibetan, Limbu Lepcha languages in the School
curriculum are some of his achievements.

In the year 1980 when the Central Team for study of OBCs in the State
visited, the recommendations of the team was not acceptable to N.B.Bhandari. In
spite of Supreme Court and the then Prime Minister's directions Bhandari was not
conceding to uplift the economically and socially downtrodden status of OBC
Nepalese - which added to the anger of Sanchaman on Bhandari followed by the
Income Tax issue, dictatorial and tyrannical attitude of Bhandari, biased and dual
treatment of Bhandari on tribals and Nepalese, anti-national attitude and anti-
slogans against Indians by Bhandari finally increased the wrath of Limbu. The
immediate cause of the political coup and great upheaval of 1994 was attributed to
the withdrawal of Finance Bill in the Union Parliament of India on 4th May, 1994
- which sought tax exemption for the tribals of Sikkim and it was condemned that
owing to the poor leadership of Bhandari the bill was withdrawn by the then
Finance Minister Dr.Man Mohan Singh.

The revolted Ministers and MLAs of ruling Sikkim Sangram Parishad


including Chamla Tshering and Thukchuk Lachungpa elected Sanchaman Limbu
to form the new Government in the banner of SSP(S).

The team of SSP(S) included Dorjee Tshering Bhutia, Chamla Tshering,


Sonam Choda Lepcha, O.T.Bhutia, Sonam Kaelon, Sonam Dupden Lepcha,
M.B.Dahal, Ram Lepcha from Ministers and from ~:he sitting MLAs U gen Pintso
Bhutia, Hangu Tshering, Tasa Tengay, Rup Raj Rai, Chewang Lhamu, Phuntsog
Bhutia, B.M.Ramudhamu and Pawan Kumar Chamling.
388

The 'Political Coup' led to the great upheaval to unseat Bhandari from the
14 years chair of Chief Minister. Seven Ministers, the Assembly Speaker Dorjee.
Tshering and 10 MLAs withdrew their support to N.B.Bhandari and elected
Sanchaman Limbu as the leader of the House. The Sikkim Sangram Parishad was
divided into SSP(S) and SSP(N).

Addressing a letter to the then Governor of Sikkim Admiral (Retd.)


R.H.Tahiliani who camped at New Delhi, the defected group stated that they had
lost faith in Bhandari's leadership.

Accompanied by the Speaker, Sanchaman Limbu and his team in the name
of SSP(S) reached New Delhi and met the Governor and the then Union Minister
S.B.Chavan. The then Governor replied that the matter to be settled at Gangtok
and the show of strength for or against Bhandari should take place on the floor of
the Assembly.

The revolt of SSP(S) mostly of Bhutia-Lepcha Legislators led by


S.M.Limbu came in the wake, as pointed out earlier, of the Centre's decision to
withdraw the Finance Bill seeking income tax exemption for the tribals. The
rebels also demanded the resignation of the Members of Parliament D.K.Bhandari
(Lok Sabha) and Karma Tobden (Rajya Sabha) for trying to obstruct the Bill.
Bhandari was finally left with 13 MLAs and was not available for any comment.

In fact, Bhandari had been under tremendous pressure from both within and
outside the party ever since the Bill was introduced in the Union Parliament of
India since Feb.28, 1994 following his own recommendations.

In the meanwhile the SDF leader - the man with the candle-who searched
for Democracy in Bhandari's Government on the floor of the Assembly - Pawan
Kumar Chamling said that Sanchaman Limboo should be given a chance to prove
389

his majority and form a Government and if this doesn't happen then we might seek
President's rule.

B.B.Gooroong who led the 1984 coup and the then Chief Minister of
Sikkim demanded Bhandari's resignation.

Since the Bill did not exempt the Nepalese from income tax, K.N.Uprety
did not support the Bill 22 • In the process, as Bhandari antagonized all three
communities the members of SSP(S) led Sanchaman Subba (Limbu) turned
against him.

In the vote of no confidence N.B.Bhandari who was conspicuously absent


lost the vote of confidence by a slim margin on 17th May 1994. Pawan Kumar
Chamling who took a chance between the devil and deep sea abstained from
. . 23
votmg.

Sanchaman Limbu took the oath of office as Chief Minister of Sikkim on


18th May, 1994 and his team of council of Ministers consisted of S.C.Lepcha,
M.B.Dahal, S.D.Lepcha, O.T.Bhutia, R.R.Rai, N.Gyaltsen and B.M.Ramudamu.
Later Ram Lepcha withdrew his support. Since M.B.Dahal and S.D.Lepcha
leaving B.B.Subba and Phuchung Bhutia were inducted in the Cabinet.

As Sanchaman Limbu was directed to seek a vote of confidence by the


Governor of Sikkim, Limbu Ministry survived a Trust vote. It was unfprtunate to
note the opposition led by Bhandari boycotted the one-day session on 6th June,
1994. All 18 members of the SSP(S) voted in favour of the motion by Cham1a
Tshering reposing faith in the Ministry headed by S.M.Limbu. No sooner winning
the confidence Sanchman Limbu defected to Congress (I) for economic reasons.

By June, 19, 1994 the strength of Limbu's Ministry was reduced to a


minority Government owing to resignation of Ministers and the strength was 14
out of 32 members. Therefore, there were demands to hold by-poll or to impose
390

President's rule in the State. Finally fresh election to the Sikkim Legislative
Assembly was announced and Limbu's Ministry became a caretaker Government.
It is unfortunate S.M.Limbu lost by a narrow margin from Yoksom Constituency
(against an independent candidate Ashok Kumar Subba) in spite of the fact he was
a sitting Chief Minister of Sikkim.
S.M.Limbu tried to promote a cordial Centre-State relations. Though
opposed Congress in the beginning he finally remained a Congress (I) Chief
Minister of Sikkim. Even now he is member of AICC of Congress (I). He lost
elections because he was unable to justify the reasons and convince the people to
win confidence. Sikkim people according to him do not get convinced with
Congress (I) or any national party. His relation with the ruling SDF and Pawan
Kumar Chamling remains smooth.

As a Chief Minister S.M.Limbu got increased plan outlay from 135 Crores
to 200 Crores; Gurung, Rai, Manger, Tamang, Limboo and Sunuwar were
declared OBCs of the State of Sikkim; constituted 5th Pay Commission for
rev1s1on of pay scales for the Government employees and suspension of
application of Indian Income Tax.

Answering to authors interview with him Limbu said Bhandari was


dethroned because of his denial to declare the OBCs of Nepalese in the State of
Sikkim, dual treatment on tribals and Nepalese, became most communal ofNBCs,
anti-national and finally a dictator ruthlessly muzzling the Press and its freedom.
He is hopeful of restoring the most burning issues of the Stat~ of Sikkim viz.
restoration of seats (17 seats) for the Nepalese by a constitutional amendment and
cordial Centre-State relations.

For application of Income Tax Act he maintains that Sikkim and people of
Sikkim are yet .to understand its intricacies. Believing in Panchayat Raj he
supports the ruling SDF Government to strengthen Government at the grass roots,
391

devolution of power and de-centralization. Article 371 F of the Constitution of


India should be followed to protect the rights, demands and interests of the people.
Son of the soil and protection of local sentiments are inevitable to improve and
uplift the local talents. It does not mean 1 we are against people from outside'.
Army-civilian, administrative cadre and State Government functioning and
harmonious . Centre-State relations will help develop Sikkim both within and
outside. His message in simple terms to the youths and people of Sikkim is 1 to
work hard, be disciplined, love peace and be independent. From among the like-
minded people, leaders and statesmen, S.M.Limbu considers Kazi Lhendup Dorjee
Khangsarpa, the first Chief Minister of post merger Sikkim as God Father of
democratic movement to overthrow monarchy and establish democracy by joining
hands with India. We also feel L.D.Kazi must be awarded "Bharat Ratna24 ".

Bhandari, thus to sump up, still promises the masses a reign of peace,
prosperity and harmony comparing it to the Sikkim under monarchy. He did
contribute to the development of Sikkim, created landmark poll victory of winning
32 out of 32 seats. Transformation in terms of dictatorial ways .made people and
legislators to loose confidence on his statesmanship. Income tax issue, support to
NBC and concept of dictatorial attitude finally dethroned him from power.
Nothing is impossible in politics and ~f one rectifies him after realization of
mistakes may perhaps spring back to join the society and politics if not power.
392

Notes and References:

1. Sikkim, Sikkim Government Gazette, No.75, Sept. 7, 1979, Gangtok,


Sikkim Government Press, pp.5.

2. Janata Parishad: Election Manifesto: 1979, Varnasi, Amar Mudralai, 1979,


pp.8.

3. Election Manifesto ofSikkim Congress (R): 1979,

Kalimpong, Himalayan Observer Press, 1979, pp.8

4. Sikkim, Sikkim Government Gazette, (Extraordinary Gaz.) No.91, Oct, 18,


1979, Gangtok, Sikkim Government Press.

Under Clause ( 1) of article 164 of the Constitution of India the then


Governor of Sikkim, B.B.Lal appointed Nar Bahadur Bhandari to be the
Chief Minister and the following members of the Council of Ministers.

Sherab Palden, Sanchaman Limboo, Lachen Gonchen Rimpuchi, Tulshi


Sharma, Athup Lepcha, Padam Bahadur Gurung and Samten Tshering.

Source: Sikkim, Sikkim Government Gazette, No.92,


Oct, 18, 1979, Gangtok, Sikkim Govt. Press.

The portfolios of the members of the Council of Ministers were


announced by the Governor as follows:-

Nar Bahadur Bhandari: Home, Planning and Development, Panchayat


and Rural Works, Law and Legislature, State Trading Corporation of
Sikkim, and any other department not allotted.

Sherab Palden: Finance, Health & Family Welfare and Industry.


393

Lachen Gonchen Rimpuchi;_ Culture, Ecclesiastical, Social Welfare and


Scheduled Castes and Scheduled Tribes Welfare.

Tulshi Sharma: Information and Public Relations, Agriculture and


Animal Husbandry.

Athup Lepcha;_ Forests, Tourism, Local self Government and Mines and
Geology.

Padam Bahadur Gurung;_ Food· and Civil Supplies, Co-operation, Motor


Vehicles and Sikkim Nationalised Transport.

Samten Tshering: Public Works, Power and Labour.

Source: Sikkim, Sikkim Government Gazette (Ext.Gaz.) No.94


Oct.l8, 1979, Gangtok, Sikkim Government Press.

5&6. Sikkim, Sikkim Government Gazette (Ex.Gaz.) No.98, Oct.27, 1979,


Gangtok, Sikkim Government Press.

7. Sikkim, Sikkim Govt. Gazette (Ext.Gaz) No.2, Jan, 10, 1980 Gangtok,
Sikkim Govt. Press pp.2

8. See Chakaravarthi K.R. Verdict in Sikkim, Op. Cit. pp 4 to 7.

9. Sharma M.P. (Basnet D.B) Indomitable Personality, Varnasi, Deepak Press,


1988, pp.22 & 23.

10. As narrated by B.B.Gooroong, Political Advisor to the Chief Minister of


Sikkim, Government of Sikkim, Gangtok.

11. Sikkim Sangram Parishad Election Manifesto (1984) Siliguri, Ink print,
1984; Chakravarthi K.R. ' Sikkim Recent Political Trends'.
394

Himalaya Today, Vol.I. No.3 Dec. 1988, pp.17-22.

12. Pradhan P.K. Report on the Tenth General Election to the House of the
People, Gangtok, Prarna, 1991, pp 34-42.s

13. Chakaravarthi K.R., Election Analysis; 'Small State: Crucial Poll'


Frontline, Vol.2. No.7, April 6-19, 1985, pp 95-96.

14. Sikkim, Sikkim Government Gazette, (Ext.Gaz), No.24, March 8, 1985,


Gangtok, Sikkim Govt. Press

15. Sikkim, Twelve years of Bhandari Government: The appraisal of


Achievement (IPR), Gangtok, Sikkim Government Press, PP.160.

16. The 'Rise and Fall of Nar Bahadur Bhandari', The Sikkim Democratic
Front Bulletin-3 Vol.I, June, 1994, New Delhi, The Print Shoppe, pl.

'r 17. I bid., p.2

18. I bid., p.2

19. I bid., p.2

20. As narrated by B.B.Gooroong, Political Adviser to Hon'ble Chief Minister,


Government of Sikkim, .Gangtok.

21. Authors' interview with Sanchaman Limboo, 22.08.2002, Gangtok, Sikkim.

22. The Telegraph (Cal), 6, May, 1994; Sikkim Telegraph Vol.V, 58, 6-13
+;-- May, 94, Deorali, H.P.Press, pp 1 and 4.
J

23. The Hiadu (Delhi), May, 19, 1994 p.l

24. Authors' interview Op.cit.,


395

8. PAWAN CHAMLING- THE MESSIAH OF THE


DOWNTRODDEN : 1985 to 2002

A Nepali Poet - turned Politician - turned finally Chief Minister Pawan


Kumar Chamling Kiran(Pawan Chamling) joined Sikkim Sangram Parishad,
contested election from his native Constituency viz., Damthang situated in South
Sikkim and won from SSP's ticket to become MLA of the Sikkim Legislative
Assembly in the year 1985 for the first time 1• He was first appointed as Chairman
of Sikkim Distilleries Ltd., Rangpo 2 . Again he contested and won from his native
Constituency Damthang from same SSP's ticket to become MLA for the second
3
. time in year 1989 . For all his untiring party work and belief in the leadership ofN
.B. Bhandari, Chamling was offered a Ministerial berth in Bhandari's Cabinet in
the year 1989 to hold the portfolios of Industries, Information and Public Relations
and Printing4, which he carried out to the expectations of SSP's High Command
and served the people of Sikkim. For Pawan Chamling, N.B.Bhandari was
without any shadow of doubt an undisputed leader of the people of Sikkim in the
beginning and said I am a humble Sangram Worker5. He denied his reported
involvement in a conspiracy to dislodge N.B.Bhandari and the report against him
was malicious and mischievous by miscreants. There was no move to oust
Bhandari. As a man and leader Chamling is simple, humble and with humility
respects people in particular the poor masses.

As a Minister of SSP Government, his contributions were remarkable to


develop the State. As Minister for Industries he stated and regretted that Sikkim is
deprived of the desired benefits of the Centre's new liberal industrial policy and
called for greater attention to its much-needed economic resurgence by all
concerned. The State, he said suffers from lack of raw materials and has no rail
link and airline. It is landlocked with only one corridor towards the rest of the
country with a single lane road viz., NH 31A and communication which is also
396

'16
severe1y expose d to natura1 vagane s. As Minister of IPR Department he
believed in the freedom of Press and called upon the local Press to live up to the
expectations by maintaining professional standards and norms of regularity .. He
asked the press to play the vital role expected of them by objectively projecting the
people's problems and highlighting the Government's programmes and create
atmosphere for· fair cordial Government Press relationship7 .

Pawan Chamling, a popular figure and Cabinet Minister for the then ruli?g
SSP belongs to Rai Community- Majority community in the South District of
Sikkim was perceived as the next man to occupy Mintokgang (the official
residence of the Chief Minister of Sikkim). There were hectic behind-the-scene
maneuvers to propose Chamling as an alternative to N.B.Bhandari- a proposition
even favoured by the Congress even in nineties - which was then going - all out to
oust Bhandari. That was worked out by 12 MLAs who were in support of
Chamling and at the same time, for he said if Chamla Tshering can muster six of
the 13 Tribal MLAs Bhandari would be ousted to make Chamla Tshering - a
Bhutia - Lepcha candidate as Chief Minister of Sikkim with the backing of
Congress(!). But it was realized by the people and the politicians that Bhandari
would go to any extent to stay in power because of money power. Therefore,
Chamling cowed down and kept shut.

The incidents of publication against Bhandari, Rajendra Baid to tender


apology, the arrest ofDuk Nath Nepal (CPI-M) without any reason etc, during that
time were condemned by the national media in no uncertain terms. \
The
crackdown on the opposition in Sikkim had boomeranged on the ima&e of
N.B.Bhandari. It was justified that there was no democracy in Sikkim and the
State, it was proved ruled by a ruthless dictator who suppressed the media and
freedom of the Press. In spite of the fact, there were attacks on Bhandari from the
Media, the greatest threat came from within the SSP and the active role of the
Congress made Bhandari to enter into troubles. However, Bhandari denied that
397

there was dissidents in his party and both Chamla Tshering and Chamling pledged
their support and loyalty to Bhandari. But Chamling was waiting for the right
moment to strike Bhandari out. ·

Chamling's performance, his actiyities, links with the poor OBCs and off
the Cuff remarks on administration and ruling party did not gain much favour with
Bhandari-which made Chamling as one of the most controversial men in his
Cabinet. The autocratic style of Bhandari's functioning in the democratic
framework forced Chamling to call him that 'I am a democrat, not a sycophant'.
This statement hit Bhandari below the belt to react strongly. Chamling further
stated that he was unable to function in an undemocratic set-up. Thus Chamling ·
became most vocal, arch rival and popular in the Bhandari bandwagon.

It was sure that Chamling was sure to be dropped from Bhandari's Cabinet
and finally he was dropped in June 1992 for all his alleged anti-party activities.
Under Clause( I) of Article 164 of the Constitution of India the then Governor of
Sikkim R. H. Tahiliani vested in him the power, ordered that Pawan Kumar
Chamling shall cease to be a member of the Council of Ministers which was done
on the advice ofN. B. Bhandari, the then Chief Minister of Sikkim w.e.f. 1ih June
1992 8. There was no reshuffle of the Cabinet but in its stead Bhim Raj Rai was
inducted in the Cabinet9 .

Since Jigme N. Kazi, the editor of 'Sikkim Observer' was closely covering
the news items in favour of Chamling the freedom of Press was nullified and the
news weekly Sikkim Observer was abruptly closed down and banned in the State.
Since it was printed with the help of Sikkim Government Press 10 . Later Jigme N.
Kazi launched The Himalayan Guardian's news weekly of Sikkim.

Bhandari branded Chamling as communal but Chamling emerged as the


leader of the backward classes in Sikkim. As Chamling was vocal and had no fear
for the a·ction of being dropped from the cabinet, he took the incident quite casual
398

and he really wanted to play politics in the State. For him chair was not important.
It is because even in the 1985 election he was elected owing to his own personal
popularity than those of the popularity of Bhandari and his Sangram Parishad.
Therefore, from the above events, it is clear that Chamling was proved to be
Bhandari's 'No man' while others were 'Yes men'.

Chamling's ouster from Bhandari's Cabinet in June, 1992 took a different


tum in the political history of Sikkim- posing the question whether Chamling will
emerge as an alternative toN B. Bhandari in Sikkim or shall remain a Nepali poet
forever. In his 'Perennial Dreams' a Nepali poem of Pawan Chamling (Kiran), he
gave the answer that 'His warm blood' bubbling in him is full of fiery 'Spirit of
Revolt'. He was not just one of the bubbles of water - full .of life and frolic for a
while, but eventually made turbulent the Politics of Sikkim ultimately to come to
power. He infused in the minds of the people freedom from fear hunger and
oppression through his Nepali poem 'Sparks of Revolution'.

In his political prediction on the issue of Seat Reservation for the Nepalese,
Chamling wanted that the Writ Petition ofR.C. Poudyal {leader and founder of SC
(R)} (later on The Rising Sun Party) to be withdrawn from the Supreme Court of
India as because he felt the judgments may go adverse to the majority population
Nepalese of Sikkim. His aim was to work out a political solution to Restore Seat
reservation for the Nepalese of Sikkim through a Constitutional amendment in the
Union Parliament of India. Further, he also pointed out that R. C. Poudyal did not
make a plea in his Writ Petition for the restoration of Seat Reservation for the
Nepalese of Sikkim. That is, the reservation of 15117 seats for Nepalese in
~ accordance with the provisions of May 8, 1973 Tripartite Agreement, Government
of Sikkim Act, 1974 and upholding t.he sanctity of the Article 371F of the
Constitution of India. In this both Poudyal and Bhandari were together and
managed to -fool the people by appearing to be fighting against each other. The
first Chief Minister of the post merger Sikkim Kazi Lhendup Dorjee khangsarpa
399

supported Chamling's move and made ·a call for restoration of democracy in


Sikkim - thus boosting the morale of the opposition and anti-Bhandari forces in
Sikkim.

All leaders of Sikkim and people of Sikkim welcomed the Constitutional


recognition and inclusion of Lingu-franca viz., Nepali in VIIIth Schedule of the
Constitution of Iridia in August 1992 by t~e Parliament.

In the meanwhile unheard in the history of India and State Legislatures,


there appeared the Man with the lighted candle Pawan Kumar Chamling, the lorie
member of the opposition, entered on the floor of the New Sikkim Legislative
Assembly building situated at Nam Nam, searching for democracy, moved from
one member to the other asking: 'where is democracy'. This incident shook the
whole House. The then Speaker of Sikkim Legislative Assembly D. 1'. Bhutia did
not raise any objection to it (though fire or flame is not allowed inside the House
of the Legislature) as because, he felt, Chamling had no malafide intention but had
rationality and logic to question the Members of the ruling party as a matter of
basic right. Since then Chamling established a rapport with the members of the
Legislative Assembly and common men. Thus he was able to capture the ·
imagination of the people and make the right moves to become a credible leader in
his own making.

To quote J.S. Mill, a political philosopher of individualism and


utilitarianism 'If all mankind minus one were of one opinion, mankind, would be
· no more justified in silencing that one person, than he, if he had the power, would
be justified in silencing mankind'. Based on the above quotation Pawan Chamling
as a single man reminded the ruling party and the people of Sikkim that he could
oppose dictatorial_ rule of one man and restore democracy to build Sikkim New
and Happy . .With this motive along with young leaders like Hishey Lachungpa,
Garjaman Gurung,. K. N. Rai, K. T. Gyaltsen, Vinod Pradhan along with other
400

youngsters and seasoned statesmen of Sikkim like B. B. Gooroong and P. T.


Lucksom founded a new regional party namely Sikkim Democratic Front (SDF) at
Ghurbishey (South Sikkim) on 4th March 1993 and marched into Gangtok. In
order to escape from the troubles and insecurity of his life, he had undergone
ordeals and had to go underground both at Kalimpong and New Delhi.

In order to function as an opposition MLA he sought. special protection


from the Centre~ It was because Bhandari's 'private Commando Force' terrorised
his supporters in his native Constituency Damthang. He further implored the then
Home Minister of Centre, S. B. Chavan to make arrangements for his personal
security as because he was unfolding the various acts of omissions and
coimnissions ofBhandari's Government' 11 . However, he played a constructive
role of opposihon to check Bhandari's dictatorship and became ~nightmare. He
stood for the cause of restoration of democracy in Sikkim ·.and strengthened his
·SDF, role and. the partyleadership from the grassroots level. Thus SDF got spread
1n all parts of the State and was getting ready to attract the peopfe from all over
Sikkim.

During this period there was a development and which was the attempt
made by former Chief Ministers L.D. Kazi and· B. B. Gooroong regarding
. corruption charges leveled by the Centra~ Bureau of Investigation against Bhandari
and·sought the direct intervention by the then Prime Minister f. V. Narasimha Rao
on the· issue. They alleged that Bhandari· had amassed crores of rupees and. asked
further the C.B.I. to reopen the cases against him in spite of the fact the. Centre
was favouring Bhandari to save Sikkim and to take bold steps as because the two
former Chief Ministers fought for democracy and freedom but in the rule of
Bhandari they found dictatorship of the worst type.

Iri · 1993 L.D. Kazi raised the issue in the Supreme Court seeking Court's
direction quashing the notific~tion of the Sikkinl- Government withdrawing the
401

Sanction granted by the Gurung Ministry in May 1'984 allowing the C.B.I. to
investigate the cases of corruption in Sikkim - asking both centre and the C.B.I.,
respondents in the case to produce all records pertaining to cases of corruption
against Bhandari and former Chief Secretary of Sikkim P. K. Pradhan - when he
was Secretary, Rural Development Department. The petition further sought for
Court's direction to the State Governor to accord sanction of Bhandari's
. prosecution. The move of Kazi was welcomed by the people of Sikkim ·boosted
the morale of opposition and anti Bhandari waves in Sikkim. Kazi' s move came
just a few weeks after the forcible retirement of P. K. Pradhan and Pradhan's
premature retirement in 1993 aimed at ensuring clean and efficient administration
in Sikkim. The PCC (I) President of Sikkim A. K. Subba and the SDF President
Pawan Chamling welcomed Pradhan's removal and Chamling demanded the then
Governor of Sikkim R. H. Tahiliani to dismiss the Bhandari Government too for
rampant corruption in the administration. Thus it led to Chamling's dismissal from
Cabinet and the primary membership of SSP. It was in favour of strengthening
opposition in Sikkim and the issue of corruption in the State off Sikkim became
one. of the J.?lajor issues. Chamling played a vital role of support and neutrality in
the Gorkha National Liberation Front Movement of Darjeeling and supported the
establishment of a separate Gorkha State, too.

The SDF emerged. itself as a viable force, pulling along with it many
people, supporters from other parties and organisations, minority Bhutia-Lepcha,
OBC and Bahun-Chettri communities in the State, which was a blow to the then
ruling party SSP. Since SDF's first meeting in Jorethang the popularity of Pawan
Chamling caused trouble to Bhandari and the anti Bhandari movement
spearheaded and the SDF was gaining ground all over Sikkim.

The Sikkim Democratic Front according to Chamling is the party of the


Sikkimese masses had emerged to lay claim to being number one political entity
as a result of squabble and subsequent irreparable rift in ruling Sangram Parishad.
402

In Chakung covering six Panchayat Units was addressed by Chamling, the


Vice President P.T. Lucksom, Adviser to SDF B.B. Gooroong and Rastaman Rai,
and a party functionary in June, 1994.

Chamling gave a brief account of the political happening in SSP


Government 1994 as a 'passing phase' and that would not have any effect to
contribute anything substantial to relieve the sufferings of the poor and
downtrodden. Sanchaman becoming Chief Minister of Sikkim was due to the fact
Bhandari mishandled the situation on the issue of Finance Bill. The new
government was fated to have a short life span as the people did not vote it to
power and the party had neither ideology nor any compatible political and
economic programmes.

Further Chamling strongly appealed and called upon Sikkimese of all


ethnicity to come forward and unite in a spirit of brotherhood and deeper
understanding of each others need to identify oneself with the traits of that
particular ethnic group one should be proud of his origin and ethnicity and should
work to protect, preserve and safeguard his culture, religion and all traditional
values handed down to him through his forefathers. Likewise a Sikkimese of
Lepcha origin should hold his head high and be ready at all times to protect and
preserve his religious and cultural heritage. He called upon the majority ethnic
group 'the Nepali brethren to follow the footsteps of their counterparts - the
Bhutias and Lepchas' so that each ethnic group is tolerant of the other's need to
pursue his or her own traditional heritage handed down through generations the
only way to preserve and ensure unity in a diverse society that like in Sikkim. He
further opined that there has to be radical changes in the system of government to
bring about much needed reforms, to cement the gap between the haves and have-
nots through proper and intensive planning and implementation of programmes.
403

B.B. Gooroong said that the political situation in the State was merely a
'storm over a cup of tea' and the turmoil caused by SSP shall not affect the
progress made by the SDF and the vertical split of SSP into SSP(S) and SSP(N)
shall make the SDF all the more strong.

Source: Lurnyuk : The Courier of Sikkim, vol. 3 No. 12. -12, June 1994
Gangtok, Zongden Khangsarpa, pp 1-4.

The headquarters of SDF was based in Chamling's own residence in


Namchi and SSP Youth camp to create social awareness left the camp and fled
away. Later, on 21st June 1993 the supporters ofSDF mobilised courage to invade
Gangtok and held an impressive rally who marched along NH 31A from SDF
Party headquarters Deorali to Zero Point, shouting anti Bhandari, pro-democracy
slogans and resisted Bhandari Government's repressive rule. This made people of
Sikkim to speak openly against the Government and Bhandari and to overthrow
the oppressive regime. Destructions were caused to Government vehicles and
Police Department to put an end to the fear psychosis prevalent in Sikkim during
the rule of N. B. Bhandari. Police lathi charge and bursting of tear gas shells
against the peaceful demonstrators, a rare and unexpected sight in a peaceful state
like Sikkim, to put an end to the rally and arrested more than 250 SDF activists.
The result was many leaders including Pawan Chamling were forced to go
underground both within and outside the State. However, their mass agitation to
ensure Bhandari's speedy downfall continued. In the process of Police harassment
one of the young leaders of the SDF Biraj Adhikari sustained wounds because of
police beatings and was to be taken for treatment to New Delhi. He demanded
protection under Human Rights Commission.

The SDF's successful encounters with the ruling party and authorities
expedited the process of unity and solidarity among anti Bhandari forces. That led
to the formation of a Joint Action Committee under L.D. Kazi's leadership- a call
404

for joint action of all opposition against Bhandaris dictatorial rule, and to oust him.
The disproportionate assets gained by Bhandari, corruption, conspiracy under
120(b) of IPC because of loss to State exchequer in the RDD deal by the then
Secretary, RDD, the Press Battle, the role of JAC, insecurity to the opposition, the
destructi<?n of Moti press, Deorali which brought out Swatantra Samachar and
Paridharshan, the support by all sections of the people to SDF, harassment by
police on opposition, the opposition from Sikkim Press Association etc. were final
causes for the total rejection of Bhandari by the SDF, Press and major section of
the people of Sikkim and all were waiting for a chance to put an end to the rule of
SSP and its leader N. B. Bhandari.

As the situation in the State was gradually worsening the great political
upheaval by S.M. Limbu on the question of withdrawal of Finance Bill by the
centre on the issue of Income Tax gave a blow to the rule of Bhandari. The SSP(S)
led by Sanchaman Limbu becoming Chief Minister winning vote of confidence
'
supported by B.L. MLAs and other like-minded MLAs, Bhandari led SSP (N)
boycotting vote of confidence on the floor of the House and the neutral role and
politics of abstention stand taken by the lone SDF leader Pawan Chamling in 1994
finally overthrew N. B. Bhandari 12 .

The SSP(S) headed by Sanchaman Limbu joined Congress (I) and since
election to the Sikkim Legislative Assembly, 1994 was announced on September
27 all political parties in Sikkim were busy preparing themselves to the election,
November 1994. The election to the State of Sikkim was held owing to the fact
that the five years tenure duration of the Assembly was to expire on 14th ·
December, 1994.

SIKKIM DEMOCRATIC FRONT

Chamling after overthrowing N.B.Bhandari lived in self-exile for months,


worked out strategies, formed and entered Sikkim with a new regional political
405

party viz., Sikkim Democratic Front. (SDF) From the grassroots the SDF consists
of since its formation on 41h March 1993, Senior politicians, retired government
servants, officials and full of youths who are fresh, energetic, enthusiastic and
committed to work for the cause of Sikkimese people with a view to become
phenomenal and soon a focal point to first play a constructive role of opposition in
Sikkim.

The founding leader and the lone member of the Sikkim Legislative
Assembly Pawan Chamling became bitterly critical of the shortcomings of the
then Bhandari Government and gained strength in order to provide a sense and a
meaningful direction to the youths and people of Sikkim. Not only the party was
opposed to he extension of Indian Income Tax but vehemently opposed to the
dictatorial role of N.B.Bhandari and played a politics of abstention in the political
coup launched by Sanchaman Limbu - in the fall of Bhandari to keep its distinct .
identity- especially to win eventually the November 1994 election to the Sikkim
Legislative Assembly.

The aims and objectives of the Sikkim Democratic Front revolve round on
its basic stands:

All round progress of Sikkim;

National integration;

Belief in the Constitution of India; sacrifice, courage, liberty and to ensure


safety to all sections of the people of Sikkim. The dream of its founder Pawan
Chamling is to build a new Sikkim that is self-sufficient and self-reliant- Vision
& dream (Sapna) 'Naya Sikkim- Sukhi Sikkim'- New Sikkim. A Happy Sikkim'
with all prosperity to the people of Sikkjm as a whole- under the unfolded (tri
coloured) Umbrella- the symbol of the party and a tri-colour flag-Blue at the top,
Golden yellow in the middle and Blood Red at the bottom to symbolise
406

determination, progress and national integration; purity, sacrifice and humanity;


4
auspiciousness, courage and libert/ .

Further to protect the State of Sikkim the socio-economic and political


rights of the people, to remove the socio-economic backwardness and political
. rights of the people, communal harmony, equality of opportunity of the people,
emancipation of the poor, women, disabled and physically handicapped people,
'
due recognition to the principle of dignity, to fight against injustice in the form of
discrimination on the grounds of caste, religion and above all, gender, to protect
and preserve the age old traditions, customs, heritage of all ethnic communities, to
adhere to 'Son of Sikkim' policy to safeguard the interest & of the people and to
fight against poverty, illiteracy and inherent backwardness 15 •

THE FIRST ELECTIO TO SDF: 1994

The general election to the Sikk:im Legislative Assembly took place on 16th·
November 1994 and the counting of votes was carried out on 9th and lOth
December, 1994. In all 258 candidates filed nomination papers, 15 rejected, 57
candidates withdrew their nominations and finally 186 candidates including 18
women were in the fray. That was a seven cornered contest of three national
political parties, three regional political parties and independent candidates. In
spite of the fact that it was the beginning of winter -season the weather was
conductive and the percentage of voting was more than 70. The total electors were
2,17,446 (M 1,14,009 + F 1,03,437) and votes polled were 1,78,018 16 •

The Manifestoes of all political parties contesting the election 94 were


focusing certain common issues and other important issues of the· State of Sikk:im.

The Sikkim Democratic Front projected in its manifesto the following:


407

The restore democratic rights and to stop the autocratic regime. The party
President. Pawan Chamling releasing the manifesto offered with warmest
salutations, the hallowed privilege of democracy and freedom. The salient features
of the Manifesto can be summarized as follows 17 :

Assuring clean Administration, uplift of the poor, development of all and


welfare of the people of Sikkim and the manifesto promised:

To enact local protection act for a broad based son of the soil policy;

To delete the derogatory term immigrant for the ethnic Nepalese;

To include Rai, Limboo, Tamang, Gurung, Manger, Sunwar and Bhujel


who are already in the OBC in the list of Scheduled Tribes (besides the Bhutias
and Lepchas - the Tribals of Sikkim) and the rest in the list of OBCs (Other
Backward Classes) ;

To obtain special designated backward hill State status for Sikkim;

To restore seat reservation for Nepalese and the Tsongs in the Legislative
Assembly;

To protect the rights and privileges enjoyed by Lepchas and Bhutias;

To make all out effort to secure justice; political, economic for the people
of Sikkim in order to ensure their all round progress and prosperity;

To preserve all old laws and change those which are anti people and adopt
land reform as would benefit all three communities viz., Bhutia-Lepcha and
Nepali;
408

To decentralize administration by strengthening Panchayatiraj with


resource and power;

To protect the rights of the permanent employees who are from outside the
State;·

. .
To gtve priority in matters of educational and sociO-economic
development;

To ensure development of script and literature for Rai, Tamang, Gurung,


Manger and Newari languages by declaring them as State languages;

To formulate strong and effective programme for all-round development of


Kami, Sarlci and Majhi communities and ensure adequate quota in respect of
education and employment;

To formulate special programme for all-round development of the Sherpa


Community;

To ensure respect to Government employees specially to the teaching


community;

Alleviation of poverty and corruption free administration with pro poor


stance to be the basic postulate of all government policies.

70% of the total budgetary allocation to be spent for the development of


villages;

....... · By and large,· the SDF Manifesto, 1994 at crossroads stood for and still
'(
stands for poverty alleviation and upliftment of the downtrodden, decentralized
administration, communal harmony, socio-economic programmes and all-round
development of Sikkim as a whole.
409

RESULTS AT A GLANCE

SLA 1994 ELECTION18

Sikkim Democratic Front : 19 (absolute majority)

Sikkim Sangram Parishad : 10

INC- Congress (I) :02

Independent(lnLF) : 01

Total :32

An analysis of the results reveals certain facts and reflect the following
pattern of voting behaviour:

In Y oksom the sitting MLA and Chief Minister of Sikkim S. M. Limbu lost
r' against Ashok Kr. Subba (Independent) by a narrow margin say by 145 votes.

In Soreng N. B. Bhandari was elected defeating his SDF rival M. B. Subba.

In Damthang, Pawan Kumar Chamling won securing 70.2% votes defeating


his SSP rival and the deposit of Congress I candidate was forfeited.

Many ex-ministers and members of SSP were defeated.

The Sangha candidate Namkha Gyaltsen and Sonam Chyoda Lepcha from
Dzongu won from Congress (I).

The SDF won 6 seats in West, 7 seats in South, 2 seats from North and 4
from East. Altogether the Congress (I) won 2 seats. The performance SDF in
West, South and North was highly satisfactory because the SDF Swept the Polls
but was trailing behind in the East District. However, the performance of SDF in
terms of percentage of votes polled against SSP was more impressive and there
410

existed a raising trend to the newly founded regional political party Sikkim
Democratic Front headed by Pawan Kumar Chamling.

Pawan Kumar Chamling sworn in as Seventh Chief Minister of Sikkim on


121h December 1994. Chamling's Council of Ministers i~cluding himself consisted
of 13 members. The Swearing - in - ceremony of Chamling at last put an end to
the dictatorial rule of one man after a long arduous struggle for restoration of
democracy in Sikkim. Lama J. B. rightly said "The one blot in the political career
of Pawan Chamling was his dismissal as minister inN. B. Bhandari's cabinet in
June, 1992 for allegedly dabbing in communal politics. However, that turned to be
a blessing in disguise, but for which he would not be occupying 'Mintokgang'
today- the official residence of the Chief Minister of Sikkim' 19

For the first time Chamling introduced the office of the Deputy Chief
Minister and the luck smiled on P.T. Lucksom. Similarly for the first time he gave
ministerial berths to the communities viz., Tamang, Mangar and Scheduled Caste
and balanced his Council of ministers.

The Swearing-in-ceremony and oath of office administered to the SDF led


Pawan Chamling and his Council of Ministers was attended by the three former
Chief Ministers of Sikkim namely L.D.Kazi, B. B. Gooroong and S. M. Limboo as
because the victory of SDF in the state of Sikkim put an end to the 14 years
dictatorial rule ofN.B. Bhandari.

In a hurriedly called Press Conference at his chamber in Tashiling


Secretariat the new Chief Minister Pawan Chamling assured20 that the people have
voted me for them and I will work for them, particularly for the poor and
downtrodden' and further said th~t 'his party would give top priority to fully
restore the democratic process in the State'. We have committed ourseh~es to the
people for restoration of democracy in the State and that his Government will
ensure freedom of expression and movement in the State'. The Press will be free
411

to write anything regarding the act against those who have indulged in corruption
in the State, he said we are here to give justice to the people since Bhandari and
his gang have finished all the funds in the State, he said we will now have to find
out ways and means to solve the financial crisis in the State. Regarding reshuffle
in the State Administration he said, 'No', and I am here because the people want
change and .the people had given him and his party the mandate to remove
corruption and give justice, first.

Regarding voting pattern Mr. Chamling acknowledged that in the election,


there has been 'communal voting' in some parts of the State particularly in the
East District, where the forward classes among the Nepalese dominate most of the
12 Constituencies. Further he added for the more perceptive observers it was not a
big surprise that Mr. Bhandari's Sikkim Sangram Parishad, which largely
depended on the upper caste Bahun-Chettris, won 8 of 12 seats in the East District.
Both SDF and the Congress-(!) may have benefited in the East District if the

I
voters were less commumil. There were 4 Tribal Ministers, one NBC, one
Scheduled Caste and rest-all OBC Ministers.

It is perhaps because of the distinct division among the Nepalese during the
polls, the New Chief Minister indicated of a rethinking by the Government on
inclusion of all Nepalese in the OBC list. Without indication any reason he said,
next time, East will vote for us. On rumours of SDF merging with Congress-(!)
Mr. Chamling said his party was not aware of any such development. But pointed
out, we must have good relations with the Centre and rest of India. Also he said he
has full faith on Governor and enjoys 'Good relationship with him'. Referring to
reported feelers from the SSP's camp, Chamling said some of the SSP MLAs are
trying to see me. Excepf for one or two, we will accept them if they join us. It is
interesting to note as usual SDF too lost in the most prestigious Gangtok
Constituency against SSP candidate N. K. Pradhan.
412

Belying all expectations on the contrary and all claims by different political
parties thus the SDF - the party that claims to stand for the poor and promised to
bring about the "Bare footed" (Khali Kutte) romped home in listing with a clear
mandate from ·the people. The Sensational victory of the SDF headed by Pawan
Chamling stunned many political Pandits and those masses that were eventually
silenced with the performance of the party that humbled a great giant N. B.
Bhandari and his SSP was making it possible for ushering in a new era of political
regeneration in the State of Sikkim.

The people have waited for 1993 and 94 besides 14 years of one man's rule
of Bhandari for this opportunity and expect that the thrust was reposed on the SDF
would be fulfilled in an ample and the poor and downtrodden would really find
I

relief under the benign shelter of a loving and sympathetic unfolded umbrella that
symbolized the party's march towards victory.

That the Sikkim Democratic Front may be called the harbinger of


democracy in Sikkim is admitted on all hands. The way the people could exercise
their right to franchise during 9th November 1994 bears the proof of it though the
record percentage of votes polled were divided and attributed variously by party
leaders. To S.M. Limboo, the people have behaved in a mature manner in keeping
with their brethren attitude in national mainstream. Bhandari sees it as a sign of
more political consciousness among the public and on the other hand Pawan
Chamling was more reserved and contemplative21 .

It should be recalled, Pawam Kumar Chamling unlike other political leads


in India and other Chief Ministers did not retaliate toN. B. Bhandari and go for
arrests and torture which is the normal trend prevalent in the country except in a
significant move to institute a Special High Commission of enquiry to be headed
by a retired High Court Judge to go into corruptions at high places those
413

perpetrated by ex-ministers and bureaucrats during last 15 years. Regarding Centre


- State relations he was making all possible efforts to improve it.

Pawan Kumar Chamling thus emerged as the Messiah of the poor people of
Sikkim. Since he had his SDF team coming to power in the State of Sikkim was
based on the popular mandate, they promised and committed to rule Sikkim in
accordance with the verdict and will to the people. An image ofthe poor man's
messiah, Chamling and his SDF stood and stands for ensuring justice and root out
corruption and poverty in Sikkim22 .

No sooner assuming the office of the Chief Minister of Sikkim, the first
step of Pawan Chamling was to unfold his austerity plan on use of Government
vehicles and as first person he himself gave up using the most luxurious
MERCIDES- the official car of the Chief Minister of Sikkim SK-01/0001, used
by various Chief Ministers from 1975 to 1994 and sits comfortably on the front
seat of GYPSY - to exhibit his simplicilf3 • Also ordered for preventing the use of
alcoholic drinks/liquors in official lunches and dinners hosted by the Government.
Chamling' s humanism resulted in his strong aversion towards authoritarian regime
and abiding faith in democracy. By and large, his contempt for authoritarian
regime was based on his deep attachment to the poor people, individual freedom,
human values and democratic ideals. As a matter of fact; in his efforts and
endeavors, democracy in Sikkim can be said to have restored. A Government of
the 'poor bare footed people of Sikkim' trying to work for the poor.

When things were moving smooth and Chamling was successful, fortune
smiled on him, SIX MLAs of the opposition from SSP deserted Bhandari and
defected to the ruling SDF to strengthen further the hands of SDF. They were later
on indu·;;ted as Ministers in the Cabinet. They were Ram Lepcha, Dorjee Tshering
Lepcha, Ms. Rinzing Ongmu, Tseten Lepcha, Thutop Bhutia and Menlom Lepcha.
414

Out of these Rinzing Ongmu (the first lady Minister of Sikkim), Ram Lepcha,
Tseten Lepcha were made Ministers in Chamling's Ministry.

In the 1994 election the SSP took a nose-drive that brought Pawan
Chamling and his SDF to power. The lone Member of opposition of the Sikkim
- Legislative Assembly between 1992 and 1994 finally Pawan Chamling sat
comfortably on the chair of the Chief Minister of Sikkim while his rival the SSP
Chief N.B. Bhandari continued to dream of making a come back but it was
difficult for him. Therefore, the mandate of the people in 1994 is a mandate for
change. Smt. D. K. Bhandari, he parliamentarian wife of N. B. Bhandari, faced a
humiliating defeat from Jorethang (South Sikkim) against the SDF candidate -
Bhoj Raj Rai. Both Sangram and Sangrami turned Kaangressis failed to convince
the people in 1994 election as because they had nothing new to offer the people.
The people could see through their deceptive fac;ade and rightly rejected the SSP
and Congress along with Rising Sun Party in what is widely accepted as perhaps
t
the most free and fairest Assembly polls ever held in the State. But if the political
leadership has the will to clean up the mess, things could have been straightened
out for a faster peace, enabling Sikkim to become a model state of the country.
The newly elected Chief Minister determined in implementing his 'total
revolution' concept in all spheres of public life.

The call and appeal of Pawan Chamling was emotional and sentimental for
the reason he said 'to uplift ourselves both economically and intellectually, he
exhorted everyone _to disregard their individual interest and cast aside political
differences and instead work together for the interests of Sikkim and its people,
f which he said at the time he inaugurated the Teesta Hydro Electric Project'. Stage
III. But the people and opposition were opposed to Rathangchu Hydel project in
Sikkim. Chamling kept up traditions of the people and the State and appealed the
people of North Sikkim to safeguard and protect the age old 'Dzumsa' a system of
village level Government in the Lachung and Lachen prevalent since time
415

immemorial. As Governor P. Shiv Shankar was transferred before completion of


his full term, Chaudhary Randhir Singh assumed the office of the Governor of
Sikkim on 09, March 1996.

The 'Statue of unity' was installed in order to depict the ardent desire for
promoting solidarity among the ethnic communities. Besides this the Permanent
RCC (concrete) bridge of 55 meters Over River Teesta was also inaugurated and
dedicated to the people which solved the problem of linking Sikkim with not only
West Bengal but rest of the country. The first Cheif Minister of Sikkim Kazi
Lhendup Dmji was awarded 'Tamra Patra' for his contributions to democratic
movements, secularism, communal harmony, national integration and devoting his
life for Sikkimese.

A Central Referral Hospital was inaugurated namely Sikkim - Manipal


Hospital in order to establish a Medical College in Sikkim. The centenary
._.-
celebrations of Sikkim Police was celebrated in 1997. An all-party meeting was
held to oppose the extension of Direct Taxes on Sikkim.

In 1997 the Finance Minister and Deputy Chief Minister P. T. Lucksom


was dropped from the Cabinet24 and was expelled from the party for having eroded
the popularity of the SDF Government and party. Also for having joined hands
with the· new party namely Sikkim Ekta Manch founded by the then Secretary to
the Government of Sikkim, L. P. Tewari, the young leader Biraj Adhikari was
removed from SDF. Since then the office of the Deputy Chief Minister was
abolished in Sikkim.

·~( ACHIEVEMENTS OF SDF GOVERNMENT

The SDF Government headed by Pawan Chamling when completed one


year of the office the achievements of the party in a span of one year were as
follows:
416

• Government gave official recognition· as State language to the Rai, Gurung,


Mangar, Sherpa, Tamang, Newar languages.

• 70% of th:e total budget of the Government was earmarked for the development
of rural areas to remove poverty.

• Wages of daily labourers have been increased by 100%.

• Due attention was paid to protect and promote the interests of the minorities
and SCs/STs.

• All students up to Class V were given free uniform, books and exercise books.
Also 5 kgs. Of rice was supplied for each child.

• Toll tax levied on indigenous products was abolished.

• License for business activities in rural areas was relaxed


t
• -A Land Bank scheme was started.

• Government started construction home for those who are below the poverty
line.

• Goveminent was distributing 30 nos. G.C.I sheets to each of the poors to live
under roof/to give shelter.

Various measures have been taken up to increase green coverage and the current
year 1994-95 was declared as the year of Green Revolution. There was massive
plantation movement with the participation of voluntary organisations students,
Government employees, Panchayats and he General Public. Grazing was
completely banned in the South, parts of the East and North Districts as part of
Green Revolution.
417

• Relief grant to the affected families by natural calamities was enhanced from
Rs. 1000 toRs. 2000/-

• Various steps have been taken to render help and assistance in drought affected
areas and every affected family was given 40 kgs. of rice to begin with.

• Government granted monthly allowance of Rs. 400/- to Sabhapati and Rs.


300/- to other members of the Panchayats of the State.

• Work was begun on a big way to repair school buildings all over the State.

• A new degree college was started at N amchi, the headquarters of the South
.District. A Sanskrit Learning Centre was established at Rakdong - Tintek in the
East District.

.
-
• Forty thousand maunds of ginger seeds were distributed to the poor farmers all
over the State .

• Fruit and flower saplings were being distributed to encourage floriculture and
horticulture.

• Women were given equal partnership along with male member in every sphere
ofhuman activities.

• Library and reading rooms were being opened in every Panchayat unit.

• Pay Commission was set up for Government employees, to revise their pay
scales.

• Planned development of towns including the State Capital Gangtok was being
taken in hand with the thrust on maintenance of sanitation.
418

• Steps were taken to set up a Music School and Sports Institute in the State. The
Government was granting funds for sports activities from the Sub-Divisional
level.

• Scientific agriculture has been started.

• Tourism Development was started as an industry and investment is being


sought for.

• Health care facilities were increased and a new referral hospital came up.

• An Apex Cooperative Bank was in the offing to grant low interest loans to the
poor farmers.

• Law and order situation in the State was and is continued to be normal and
immoral activities have been stopped.

• Reservation in jobs and educational facilities to the members of the Scheduled


Tribes, Scheduled Castes and OBCs were being implemented.

• Ban on use of liquors in all Government functions including Press


Conferences.

• Additional Police Booths at vantage points in and around Gangtok were set up.

• Monthly ration allowance was launched for all personnel in the lower ranks ·of
Sikkim Police over and above their usual pay and allowances.

r
419

SOME MAJOR ACHIEVEMENTS OF THE SDF BETWEEN 1994-1999

To repeat:

• 70% of the plan allocation has been earmarked for the development of the
rural areas in Sikkim;

• Upliftment of the poor and downtrodden and wages of daily labourers was
raised by cent per cent;

• Free supply of books and exercise books (copies) and text books for
students (Local);

• Abolition of toll tax on all indigenous products;

• .License for the business activities in rural areas for all Indian people of
Sikkimese origin;

• Six thousand families each 30 GCI sheets being distributed yearly;

• Honorarium to Sabhapathi Rs. 400/- and Rs 300/- to other members of the


panchayats;

• Library cum Reading rooms were being opened in every Panchayat to


encourage mass education;

• Complete ban on serving of liquors in all Government functions including


Press Conferences;

• Introduction of additional police booths at various points in and around


capital Gangtok;
420

• Accorded official recognition as State languages to Rai, Gurung, Mangar,


Sherpa, Tamang Newari and Sunwar and to include Limboo, Tamang,
Gurung, Mangar and Sunwar in the list of Scheduled Tribes;

• Distribution of cows and piglets to poor agriculturalists;

• Increase in ex-gratia grants to police personnel;

• Mid day meal scheme, supply of free raw rice, Text and exercise books and
uniforms to school children and steps to set up Music and Sports Institutes
in the State;

• Conferring Meritorious awards to the students;

• Starting of scientific agriculture and distribution of improved seeds and


seedlings to the farmers;

• To start a Mahatma Gandhi University in the State;

• Grant of old age pension to 100 eligible persons from each of the 32
Constituencies of the State;

• Establishment of Scheduled Castes/Tribes and Other Backward Classes.


Development Corporation;

• Foundation stone of Sikkim Temple-cum-Guest house at Bodhgaya; to


celebrate Kalachakra Pooja;

• Rs. 3 lakhs was distributed for housing plan;

• Improvement of road construction in the State;

• Rs. 25,000/- was extended as financial assistance to 138 artisans of the


State;
421

• Forty per cent each as subsidy grant;

• To construct a Car Park at Gangtok and passengers ropeway between


Deorali Tibetology and Tashiling;

• Improvements of facilities at Namchi Government Hospital;

• Introduction of supplementary nutrition programme for mothers, pregnant


women and children;

• To establish an Apex Co-Operative Bank in the State;

• Schemes to provide assistance to physically handicapped people, destitutes,


childfen and women;

• Establishment of high, middle, and lower income group shopping units;

• To provide agricultural employment to under employed and employment


assurance scheme;

• Improvement of village water supply scheme;

• Generation of employment schemes under Jawahar Yozgar Yojna (JRY)


and Indira Awaz Y ojna;

• Additional programme in Limboo and Lepcha languages in AIR Gangtok


and 1 KW short wave transmitter and 10 MW transmitters at Penangla AIR
and play back facilities of High Power Transmitter of Doordarshan at
Chandmari were inaugurated;

• Development of Press, freedom ofpress and watch on yellow journalism;

• Increased Health Care facilities and fast coming up of new Referral


Hospital (Manipal Group);
422

• Equal opportunity of women along with male members in every sphere of


human activities;

• Thirty per cent reservation for women in Panchayats;

• Ostentatious display of portrait of the Chief Minister in the offices has been
done away with;

• Observation of austerity measures and curtailment on unnecessary


expenditure of the Government to raise the internal revenue of the State;

• To figure Sikkim in the Railway and Air maps of the country,

• Price of rice has been subsidized by Rs. 1/- per kg.;

• Tribal land alienation has strictly been disallowed;

r- • 382 number of Gazetted Officers were promoted to higher posts;

• Fertilizer subsidy to all the farmers;

• The traditional Panchayat namely, DZUMSA system has been preserved in


Lachung and Lachen of North Sikkim and the traditional nomenclature
"PIPONS"are being retained;

• Revision of 'Pay Scales' of the Government employees;

• Planned development of towns and thrust on sanitation;

• Creation of a satellite town at R~shithang and an airstrip at Pakyong;

• Revival of sick industries;

• Foundation stone for a new High Court Building;


423

• Peaceful law and Order situation;

• Promotion of Tourism and trade;

• Photo Contest programme;

• Historic Photo Exhibition;

• Step to improve the Government weekly 'Sikkim Herald' and publication


of the same in English, Nepali, Tibetan, Limboo, Newari languages etc. are
the major achievements of the SDF Government in Sikkim since 1994.
(Compendium of Achievements of the SDF Government, Gangtok (IPR),
Sikkim Govt. Press,1999).

By and large the SDF Government in its first term is a Government of the
poor, bare footed people and it believe in simplicity and austerities.
I~
424

OCTOBER 1999 ELECTIONS OF SIKKIM LEGISLATIVE ASSEMBLY


AND SIKKIM PARLIAMENTARY CONSTITUENCY25 •

A manifesto of any political party is a public written declarations normally


issued before a general or bye election in any given parliamentary and presidential
form of government. It is to express the promises of a political party placed before
the public whether followed or not after winning the election and forming a
Government. Such promises remain manifestoes of the parties for the reason that
all political parties cannot capture power and all programmes cannot be translated
into actions.

In Sikkim since 1974/1979 a number of general and bye-elections to both


Sikkim Legislative Assembly and the lone Parliamentary Constituency took place.
It is for the sixth time, Sikkim went to poll to constitute the Sixth Legislative
Assembly and eighth time to elect the Member ofLok Sabha in the year 1999.

Here a sincere attempt is made to throw some light on the October 1999
elections in the State of Sikkim and the manifestoes of some of the Political
parties.

Altogether 105 candidates were contesting for electing for electing 32


members of the Sixth Legislative Assembly of Sikkim. There were in about
2,52,074 electors in the State. The reservations of the Assembly are: 17
open/general seats, 12 B.L. seats (Scheduled Tribes), 2 Scheduled Castes and one
Sangha Seat. The electors of Scheduled Castes, Scheduled Tribes and OBCs
outnumber the NBC and other electors. The split up of party wise candidates who
contested in 1999 election to the Assembly is as follows:

Sikki.m Democratic Front : 31

Sikkim Sangram Parishad :32


425

Indian National Congress (I) : 31

C.P.I. (M) :02

Independents :09

Two national parties, two regional parties and a number of independent


candidates were contesting and the main fight was between the ruling Sikkim
Democratic Front and Sikkim Sangram parishad. Sikkim Democratic Front was
contesting in 31 constituencies and was not contesting from Sangha Constituency
while the Sikkim Sangram Parishad contested from all 32 constituencies. Similarly
Congress (I) was contesting in 31 Constituencies and had not filed any nominatimi
to the Lachen Mangshila Constituency of North Sikkim. INC, SSP and an
independent candidate contested the unique Sangha Constituency. This
Constituency was unique and is 'not found elsewhere in the country as because this
seat is represented by monks/lamas of monasteries and Gumpas spread all over
Sikkim. The CPI(M) maintained its tradition of contesting elections in one or two
seats with its all India character of Manifesto.

In the Sikkim Parliamentary Constituency to elect the lone member of Lok


Sabha the ruling Sikkim Democratic Front, INC and ap independent candidate
were contesting. The SDF candidate was contesting for the third time and was the
member of 11th and 1ih Lok Sabha.

Public meetings by various political parties, posters, wall writings,


Festoons, distribution of pamphlets, hand bills, playing of audio cassettes with
specially composed songs, installation of special pavilions by SDF and SSP in
almost every shopping center/Bazaar in all towns and villages of Sikkim,
compulsory display of party flags in all shops were the styles of election campaign
in the State.
426

No EVM and Electoral I'card were supposed to be used for this election
1999. Use of Electoral I' card was not made a precondition to cast votes.

Tight security measures and committed personnel were employed for the
peaceful conduct of elections in the State.

The ruling Sikkim Democratic Front Party's manifesto 1999 was released
m a Public Meeting. ·Highlighting the SDF's four and a half year's of
achievements, the Manifesto focused on future social economic and political
programmes to be launched. The manifesto comprised of 130 points with a
supplement for government employees. The agenda of the party manifesto 1999
resolved round and pledged to undertake several programme, such as:

• Protection and Safeguard of Article 371F of the Constitution of India


and fullest protection to the people of Sikkim.

• To pass and protect the existing Local Laws.

• Inclusion of Chetri, Bahun (Brahmins), and Newar of Nepali


Community in OBC list of Sikkim.

• Protection of Revenue Order No.1.

• Inclusion of Sikkim in the North East Council.

• To oppose the imposition and extension of District Laws in I on Sikkim.

Some striking programmes and policies of the ruling Sikkim Democratic


Front are elaborated below:-

Full protection of the Article 371 F of the Constitution of India. It fs with a


view to ensure all-round development, peace, progress and prosperity of Sikkim
and the people of Sikkim. This Article 371F was inserted in the Constitution of
427

India to safeguard and preserve the rights of the people of Sikkim in the wake of
Sikkim joining the mainstream of th~ Indian Union (since 1975) as the 22nd State
of India. Therefore, the SDF is committed to safeguard Article 371F as it has
conferred special rights on the Sikkimese people.

Local laws will be passed. The SDF holds the view that it has become
imperative to pass local laws for the protection of the people of Sikkim so that the
proper planned programme can be implemented in order to ensure speedy growth
of Sikkim in a peaceful atmosphere without contradicting postures. The SDF shall
strike to bring about a 'consensus' on local laws of Sikkim for the protection of
rights of the people of Sikkim.

Reservation of seats for Nepalese and Tsongs in the Sikkim Legislative


Assembly and the party is committed from the beginning to restore the reserved
seats of these communities. Further, it is stated that the demand for restoration of
seats for Nepalese of Sikkim has been placed before the Centre on historical
grounds.

Inclusion of Bahun, Chettri and Newar in the list of OBCs that was placed
before the Government of India.

Protection of Revenue Order N o.l that was an old law of Sikkim enacted at
the time of the British Government in order to safeguard the landed property of the
minority Bhutias and Lepchas.

Inclusion of Sikkim in the North East Council owmg to similarities


between the people of Sikkim and North East States and the bill is introduced in
the Parliament. The idea is to foster the economic benefits and political stature at
·the decision making level in various matter concerni11g the problems ofNorth East
States and Sikkim.

SDF is opposed to the imposition of Direct Tax Laws in Sikkim.


428

Establishment of Libraries in every Panchayat for the benefit of the people


to prepare the Youths for various competitive examinations and the people to
acquire knowledge.

The Congress (I) viz. Indian National Congress contesting the elections
released its Manifesto in a Press Conference.

It assured to overcome the political, economic and social demands of the


people of Sikkim.

Its political programmes confine to Reservation of Seats in the Assembly


for the Nepalese; Restoration of the original identity of the Bhutias and Lepchas;
Reserv-ation of seats for the Sherpas in the Sikkim Legislative Assembly.
Realization of the political and other aspirations of the plains people; To impose
fresh delimitation to Assembly constituencies and Panchayat wards. To give an
l- additional seat in Lok Sabha as the present is kept for Sikkimese Nepalese as a
tradition.

The social aspects cover: inclusion of Limboos (Tsongs), Tamangs,


Mangars, Rais and others in the list of Scheduled Castes and to include N ewars,
Bahuns, Chettries, Jogis and Sanyasis in the List of OBCs in the State. Also to
recommend the President of India under Article 342 of the Constitution of India to
notify the Sikkimese Nepalese as Scheduled Tribe of the State. The idea here is
that if the demand is met that would facilitate to restore automatically the
reservation of seats in the Assembly. Further, if Nepalese were declared as
Scheduled Tribes the next move would be to request Centre to declare the State as
• a whole a· Tribal State that in turn would provide all the rights, benefits and
privileges granted to all Tribal States of India. The declaration of Sikkim as a
Tribal State will be followed by the demand fm~ inclusion of the tribal dominated
North District of Sikkim to incorporate in the VI Schedule of the Constitution of
India to declare the area as an autonomous district. There seems to be a
429

Contradiction that while there is a demand to declare Nepalese as Scheduled


Tribes yet another programme to include Newars, Bahuns, Chettris etc. in the list
ofOBCs.

On the economic front to wave the debt amounting to Rs.1100/- Crores


from exemption of payi.ng income tax for the three ethnic communities.

To development Tourism and hydro electric power potential in the State.

To open border trade routes with neighbouring countries and to create more
employment opportunities for the youths.

The Congress thus stands committed to the issues raised in the Manifesto
and trying to find ways for solving the political economic and social problems of
the State.

The Sikkim Sangram Parishad the mam rival to the ruling Sikkim
Democratic Front issued two different manifestoes for Assembly election and
Sikkim Parliamentary Constituency (Lok Sabha) election. Its programmes and
policies were confined to the following:-

The SSP regards the Tripartite Agreement of 8th May, 1973 as an


indispensable armour and to protect the agreement.

To keep in tact the special article 371 F of the Constitution of India which
safeguards and protects the rights of the people of Sikkim.

To correct the aberration of the order issued in 1978 and to restore seat
""'fi.' reservation existed before 1978 to Bhutias and Lepchas. Similarly to restore
reservation of seats for the Nepalese and extend political safeguard for the
Nepalese and also fight for reservation of se::.ts for the Limboos.
430

To streamline administration in the State and to root out corruption and


crime from the soil and establish peace and communal harmony.

To see to that there exists independence in the functioning of the judiciary


and functioning of the Lok Adalat for early disposal of the cases of the poor
people.

To extend full facilities for students those who aspire to study outside the
State.

To give full facilities for the development of languages and literature of


different sections. of Sikkimese communities. Since Nepali language has received
Constitutional recognition and included in the VIII Schedule, time has come not
only to develop its literature but _also to use in different Ministries of Government
of India.

I
~-
To provide adequate facilities and so promote sports career to sportsmen
and women.

To initiate educational programme in Sanskrit Schools and monasteries to


make it more meaningful.

To increase and get maximum agricultural production with new technical


know - hows and provide facilities for activating cash crops along with
agricultural insurance policy in the State.

To establish co-operative Banks in different parts of Sikkim to provide


loans for the farmers.

To equip adequate medicines in a11 hospitals and primary health centre~ in


the State.
431

To improve the source of revenue in Power Sector, to generate more power


I electricity in Hydro Electric Projects of the State to meet the demands of
domestic and industries' consumption.

The SSP's Parliamentary Constituency Election Manifesto called for the


Member of Parliament:

To promote cordial Centre- State relations.

To create a separate Ministry for Sikkim to solve the problems of Socio-


economic and Political affairs.

To open up small and medium scale industries to solve the growmg


unemployment problems in Sikkim.

To open Tibet- trade route through Nathula and Jeepla for creating more
employment opportunities for the ·people of Sikkim owing io increased
unemployment problem.

To recognise all Nepalese as backward and other left out communities in


the list of OBCs.

To take up the matter with the Centre for providing all economic facilities
to Sikkim as extended to other North Eastern States.

To develop tourism in Sikkim and extending necessary facilities for the


tourists.

To provide all facilities and housing for all journalists housed in Sikkim.

To invest more funds by the Non Residents of India in the Power Sector,
ropeway, alternative highway, construction of stadium for games and sports and to
give clearance to these NRis.
432

To resist and fight tooth and nail the imposition of direct taxes on the
people of Sikkim.

To provide citizenship to Stateless Sikkimese people and to distribute


citizenship certificates to the genuine Sikkimese people.

To sum up, there are some interesting observations one can make of, if
analyzed well the above write up on Sikkim election manifestoes and the nature of
election:

Sikkim was the first state in India to introduce Electoral Identity Card
(since 1979) though not, it was made compulsory to cast vote.

In spite of the fact that there exists a considerable mcrease m the


population, political demands, political changes and political awareness the
strength of Sikkim Legislative Assembly remains unchanged, i.e. not more than 32
members, and in both Lok Sabha and Rajya Sabha of the Union Parliament of
India one seat each from the State of Sikkim.

The reservations based on parity since long in the Sikkim Legislative


Assembly for Scheduled Tribes (Bhutias and Lepchas), Schedules Castes
(Nepalese) and Sangha (Gumpas and Monasteries) safeguard not only the sanctity
of Article 371F but the minorities in the State of Sikkim. Most of the regional
political parties put forth "restoration of reserved seats for Nepalese which existed
before Assembly election, 1979", as their slogans and programmes to contest
elections in the State. To amend the Representation of People Acts 1950 and 1951
Union Minister of Law P.Shivshankar also tabled a bill in the Lok Sabha for the
readjustment of Constituencies in the State of Sikkim and to restore reservations
for Nepalese who constitute the majority of the total population in the State of
Sikkim. The Sikkim Lepcha Youth Association makes yet another demand for
50% reservations in the existing 12 Seats for Scheduled Tribes (Bhutia I Lepcha).
433

Because of the composition of the electors support to local sentiments and


local people, Constitutional safeguard under Article 371F of the Constitution of
India and strong belief in the locally based leaders of the regional political parties
to capture power in the State of Sikkim, local and regional sentiments seem to be
more conspicuous.

Defections within regional political parties and from regional political·


parties to national political parties seem to be common phenomenon in Sikkim,
and there exists a cordial Centre State relation.

The visit of Mr.M.S. Gill, Chief Election Commissioner of India to the


State of Sikkim indicated that the State may introduce Electronic Voting Machine
in the election, 1999. But it was not introduced.

Since son of the soil, protection of local sentiments, Article 371 F and its
experiences say regional political parties have a strong base than National political
parties. To strengthen National Political Parties visits of National leaders and
establish locally based strong leaders are inevitable in the newly emerged tiny
State viz. Sikkim.

It is also interesting to note that Pawn · Chamling presenting the


memorandum to the Prime Minister, Particularly made a plea for the preservation
of status quo anti in respect of imposition of Income Tax to Sikkim till such time
that the people of Sikkim had got over the rigid regimentation of the past fifteen
years rule and were ready to understand the implications of Income Tax in proper
· perspective. He also highlighted the severe handicaps that the State is experiencing
~ for want of an Airport and an alternative to the existing N.H.31A, which tended to
get blocked now and then. He also spoke of necessity of improving the
Doordarshan and Air-Set-Ups in the state, in the interest of faster and more
effective national integration.
434

Source: Sikkim Express Sept-7, 1995, Gangtok, Himalindia Photo offset.


435

GORKHA NATIONAL LIBERATION MOVEMENT AND ITS IMPACT


ONSIKKIM.

The Demand for a separate Gorkhaland for Darjeeling district can be traced
back to the first half of the 201h Century. Darjeeling was given to Bengal when the
capital of India was shifted from Calcutta to Delhi in 1912. By this time, Gorkhas
from Nepal had settled in Darjeeling and adjoining areas in large numbers. In 1917
a delegation met Lord Montague Chelmsford, Secretary of State and Lord
Chelmsford, the then Viceroy, seeking a separate unit comprising present
Darjeeling district with the portion of Jalpaiguri district (Dooras) that was annexed
from Bhutan in the year 1865. The same demand was made to the Simon
Commission in 1929. On the eve of passing the Government of India Act, 1935,
the Hill men's Association of Darjeeling, led by Sardar Bahadur S.W.Laden La,
Submitted a memorandum to the Secretary of State Sir Samuel Hoare, demanding
that the district of Darjeeling should be totally excluded from Bengal and an
independent administrative unit be created with an administrator as the head of the
area, assisted by an Executive Council.

In 1943 the aforementioned All India Gorkha League (AIGL) was formed
and which took up the issue with renewed vigour with the British Indian
Government. On May, 9, 1946 G.L Subba of the Darjeeling district unit of the
party wrote a letter to the Kalimpong unit Secretary of AIGL lending support to
the demand for a 'Gorkhastan' within the Indian Union.

The Gorkhaland agitation, for the demand of a separate State within India
has been a point of discussion for over two decades or so. This movement was
given an impetus by Subash Ghising and his organization namely (GNLF) Gorkha
National Liberation Front, born on June, 2, 1936 in Manju Tea Garden,
Darjeeling. In 1954 when Ghishi:l1g was in class IX in St.Robert's School,
Darjeeling, he joined the 118 Gorkha Regiment of the Indian Army as a sepoy at
436

the age of perhaps 18 years. In 1958 while serving in Punjab, he passed the
matriculation examination of Punjab Board of Secondary Education. Two years
later, he left the Army and returned to Darjeeling and started working in Tindharia
Primary School for a year. His baptism in politics took place in the year 1964
when he joined the Tarun Sangh, the youth organization of the All India Gorkha
League; he left the organization in 1968. Then he formed his own organization as
'Nepali'. At the height of Emergency during the year 1975-76, he closed his party
office. In the year 1979 he started a new party Pranto Sangh for the Gorkhas.
Pranto Sangh was rechristened as Prantiya Morcha in 1980 but within few months
it was dissolved. In April, 1980 the Gorkha National Liberation Front which
guided a great deal of momentum by its extremely motivating and felling
activities.

(The week, June 15-21, 1986 pp 20&25)

The view point of Subash Ghising and his GNLF was to ensure and protect
the identity of the 'Indian Nepalese' who have realised over the years the need to
distance themselves from the 'Nepalese' the proper citizens of Nepal. The Indian
Nepalese (whom Ghising prefers to identify as Gorkhas) live in an area contiguous
to Nepal and have close ethnic, linguistic and religious similarities with Nepalese.
In fact, but for citizenship they are identical. The agreement is that those
similarities often cloud the far more important difference citizenship for tlie so-
called Gorkhas in India. So their identify could be protected only by granting the
Indian Nep~lese a state. (Frontline, August 9-22, 1986 pp. 20-22)

One of the demands of the GNLF was the abrogation of the articles 6 and 7
of the Indo-Nepal Treaty signed in the year 1950 during the Rana Government in
Nepal. The Articles 6 and 7 of the Treaty grant reciprocal treatment of Nepalese
and Indian Nationals in each other's country. Article 6 provides for such
reciprocal advantages as 'participation in industrial and economic development of
437

such territory' Article 7 strengthens these advantages by providing for reciprocal


privileges in matters of residence, ownership of property, participation in trade,
commerce and movement.

The exact estimate of Nepalese Nationals in India is not known but most of
these people came to India for better economic opportunities and over a period of
time and settled down permanently.

It was difficult to distinguish between Indian nationals ofNepali origin and


the Nepali nationals who had come to India under the provisions of the Treaty. In
fact, the immigration started during the British rule. No mechanism ever existed to
find out Nepalese who had come to India before and after 1947. It was one of the
factors, which led to the abrogation of the articles· 6 & 7 by the GNLF. In 1974-7 5
same Nepali organizations had openly backed the Sikkimese of Nepali origin that
supported the then Chogyal, who was against the democratic Pro-Indian urges in
Sikkim. Nepal's interest in the assertion of Sikkim's Nepali leadership against the
Indian Government and in favour ofGNLF's aspirations was deep and active.

(Amrita Bazar Patrika, 22Sept, 1986).

With this at hand the GNLF garnered the support of masses. Subash
Ghising's speech was as influential as his motives. He even went to the extent of
seeking international support by presenting his paper to the UN and countries like
the UK and the USA.

The reaction of the Centre was initially good to the demand but with the
passage of time, and no decision-making procedure, the reaction of the GNLF
through its virulent activities and the unrest created led to the Centre's decision of
not subjugating to the demand8. Further the centre has the pressure from the West
Bengal Government of CPI(M) as usual led by Jyoti Basu. The people of West
438

Bengal apart from many other views had in mind that a third partition of Bengal ·
would not be accepted under any circumstance.

The violent methods of the GNLF had an extremely deep impact on the
other hill areas especially Sikkim. Due to the more than usual bandhs the supply of
essential commodities and the influx of tourists suffered a deep setback in the hill
area.

In the meantime allegations were thrown upon the then Chief Minister of
Sikkim Nar Bahadur Bhandari being a partisan in providing financial and moral
supports but these were refuted by Congress(!) in power, at centre that time. The
streams in of financial assistance for the GNLF remained a mystery and they
continued their moves.

The disputes and misunderstandings were finally settled by setting up of the


l Gorkha Hill Council that still exists but the demand for. Gorkhaland remains
unsolved and lingers around the minds of the people of Darj eeling.

The leaders of Sikkim were in favour of the GNLF movement and


welcomed the establishment of the 'Gorkha Hill Council'. Chamling said that he
strongly supports the cause of Gorkhaland. The Darjeeling Hill Council, which
was, established in Sept 1986 which enjoys all powers except law and order and
. administration after continuous agitation and several meetings with the then union
Home Minister Bhuta Singh and West Bengal Government. Chamling taking the
example of Uttarakhand said, in an administrative point of view, the demand for a
separate state of Gorkhaland is justified also expressed that Sikkim has good
relation with Darjeeling Hill Council and· Subash Ghising is a senior and
undisputed leader who has stood firmly for racial existence and identity of the
Indian Gorkhas. The relatiqn between Darjeeling and Sikkim is cordial and is also
essential. In order to safeguard the racial identity and economic development of
439

the people of Darjeeling Chamling said Gorkhaland is the sole alternative solution
and supported Gorkhaland movement.

(Gangtqk (weekly journal) Vol.l No.30, 14 Sept 1996)

Though the movement was supported by the leaders of Sikkim the bandhs
and strikes called by the GNLF over the years had affected the only road link from
Siliguri to Gangtok. Therefore, requests have been made to restore N.H. 3l.A for
transportation and communication between Bengal and Sikkim, as because there is
no alternative road link. However, Sikkim suffered during this movement till the
establishment of Darjeeling Hill Council.

The Episode of Extending Employment Exchange Act, 1959.

The extension of employment exchanges (compulsory notification of


vacancies) Act, 1959 was to be extended on Sikkim with the hope of extending
'- more protection for 'Locals' as it has been extended in the Northeastern States of
India with the provision to protect 'Locals'. Since the extension of the Act had
come under criticism from the opposition camp which maintained that it would
tak~ away even the little protection that the local people have in Sikkim. The
ruling party is of the opinion that with the extension of this act, all central
government offices in Sikkim will be forced to fill their vacancies from those
registered in the exchange, which of course will have only local Sikkimese listed
there. Absence of extension of this act in Banks, and in other Central Government
Offices, people from other states and neighboring areas are appointed which
should have gone really to the locals. As there persisted confusion over the issue
~ of extending Employment Exchange Act 1959, the state in a Cabinet meeting took
a decision in September, 1997 that it ¥.'ould not extend the Employment Exchange
Act, 1959 in the State of Sikkim and conveyed the same to the Home Ministry of
Government of India. The notification No. 228, dt. 26th Sept, 1997 stipulated that
the Council of Ministers of in its meeting unanimously resolved that the
440

.Employment Exchange Act (compulsory notification of vacancies) Act, 1959 shall


not be extended to the State of Sikkim, the same was conceded by the centre and
the proposal was treated as closed vide letter DO No. 10/58/97-EII dt 301h Sept,
1997 issued from office of the Joint Secretary, Home Ministry, Govt. of India,
New Delhi.

Panchayat Elections 1997: A success to SDF

A notification No. 212 dt 15th Sept 1997 was issued by State Election
Commission, Sikkim to hold the election on 6th Oct 1997. The election was based
on reservations including 33% reservation for women.

The campaign started by both ruling party SDF and independent candidates
supported by the opposition. The SDF swept the polls defeating the opposition
supported independent candidates in all four districts of the State and in particular.
in the backward classes dominated south and west districts.

Results At a Glance

Zilla Panchayat

District Seats SDF Independents

West 22 21 1

South 23 18 5

East 27 19 8

North 20 13 7
441

Gram Panchayat

West 261 193 68

South 240 184 56

East 269 172 97

North 98 55 43

Source. The Guardian, vol.6 No. 28, Oct 15-22; Gangtok Hill Media Publication,
p.1

.Sikkim, Sikkim Govt. Gazette (Ext Gaz)._ No 255, 12, Nov, 1997, Gangtok, Sikkim
Govt. press, pp. 32

Sikkim, Sikkim Government Gazette (Ext Gaz} No 256, 12,_Nov, 1997, Gangtok
Sikkim Govt. Press, pp.4.

Another milestone in the rule of SDF was land marked pay revision to the
Government employees w.e.f. 1996. The cabinet approved for the .C&D grade
employees to be awarded 'Best Seats in the Country' in order to ensure
commitment and better output. The lowest scale starts from Rs 2850-4170 and the
highest being Rs 17200-21250 per month- i.e., almost 4 times more than what was
existing before, as per the Gazette notification No 11, dt 2ih January 1998.

1999 Second Election to Sikkim Democratic Front: An Analysis.

The election to both Lok Sabha and the sixth State Legislative
Assembly was held on 3rd October 1999 simultaneously. INC, SDF, SSP and
. independent cand;dates were in the fray and there wee four candidate.:; contesting
for the lone Lok Sabha seat from the Sikkim Parliamentary Constituency. The
442

total number of electors in 1999 election were 2,55,377 (M 1,32,591 +F 1,22,786)


and total polled were 2,05,133.
443

TOTAL ELECTORATE

(ASSEMBLY CONSTITUENCY-WISE)

NO.&NAMEOF ELECTORS

ASSEMBLY SEGMENT MEN WOMEN TOTAL

l.Yoksam 3914 3754 7668

2. Tashiding(BL) 3001 3013 6014

3. Geyzing 3834 3737 7571

4. Dentam 3529 3405 6934

5. Barmiok 3253 3190 6443

~
6. Rinchenpong(BL) 3725 3601 7326

7. Chakung 3861 3682 7543

8. Soreong 4310 4201 8511

9. Daramdin 4185 4083 8268

10.Jorethang Nayabazar 5640 5142 10782

11.Ralong(BL) 3053 2848 5901

12.Wak 3261 2881 8425


~
13.Damthang 4266 4159 8425

14.Melli 4256 4105 8425

15.Rateyapani West Pandam (SC)4516 4293 8809


444

16.Temi Tarku 4666 4502 9168

17.Central Pandam East Pandam 6003 5319 11322

18. Rhenock 3931 3648 7579

19.Regu 4255 3971 8226

. 20.Pathing(BL) 4397 4227 8624

21.Loosing Pacheykhani 3589 3555 7144

22.Khamdong(SC) 4790 4400 9190

23.Dzongu 2689 2780 5469

24.Lachen Mangshila(BL) 3615 3763 7378

25.Kabi Tingda(BL) 2757 2800 ' 5557

26.Rakdong Tintek(BL) 3674 3483 7157

27.Martam(BL) 4477 4112 8589

28.Rumtek(BL) 5707 .5528 11235

29.Assam Lingjey(BL) 4149 3834 7983

30.Ranka(BL) 4864 4601 9465

31.Gangtok 7170 6133 13303

32.Sangha 3254 36 3290

Total 1,32,591 1,22,786 2,55,377


445

Source: SIKKIM, Report on General Elections To Lok Sabha & Assembly-


\

1999 SIKKIM: Statiscal Report, Gangtok Sikkim Govt.

Press. p.21.

The SDF candidates Bhim Pd Dahal secured 1,07,828 votes


defeating his nearest rival Satish Chandra Rai of SSP who secured 86,466.
Somnath Poudyal of INC and independent candidate were defeated to the extent of
'
getting forfeited their deposits/security.

Sikkim Legislative Assembly Election 1999 two National Political


Parties namely Indian National Congress (Cong -I), CPI-M, Two regional parties
viz., Sikkim Democratic Front and Sikkim Sangram Parishad and independent
candidates contested the election. The total electors were same as that of the
Sikkim Parliamentary constituency.

"- District wise Total Electorate 1999

DISTRICT MEN WOMEN TOTAL

WEST 33612 32666 66278

SOUTH 29658 27930 57588

EAST 60260 52847 113107

NORTH 9061 9343 18404

TOTAL 1,32,591 1,22,786 2,55,377

SIKKIM,

Ibid. p: 22
446

RESULTS AT A GLANCE

SDF 24

SSP 7

Independent 1

Total 32

In both West and South districts the SDF swept the polls. There was
an increase in the number of Seats won by SDF. when compared to 1994 -election.
The Sangha Seat was won by Palden Lama an independent candidate.

The sweeping victory for SDF and to Pawan Chamling with 25 seats
l in the Assembly and from the lone Lok Sabha seat in the 1999 Elections gave SDF
to rule over the people of Sikkim for next five years, further confirmed the
undisputed leadership on Pawan Chamling and reflect the faith of the people of
Sikkim on SDF.

Former Chief Minister Sanchaman Limbu was defeated ·'for the


second time from Yoksom (West) constituency. Kalawati Subba of SDF won from
Yoksom and became the first woman speaker ofthe.Sikkim Legislative Assembly.

Former Lok Sabha Dil Kumari Bhandari of SSP was defeated by Garjaman
Gurung of SDF from Temi Tarku (South) Constituency. It is interesting to note
that the SSP from Temi Tarku (South) Constituency. It is interesting to note that
the SSP candidate Smt. D.K. Bhandari and wife of N.B. Bhandari was never
elected from any constituency to the Sikkim Legislative Assembly in spite of the
fact she contested elections since 1985. However, she was elected to Lok Sabha
twice both in 1985 and 1989 from the Sikkim lone Parliamentary Constituency.
447

Namkha Gyaltsen of congress (I) and a sitting MLA of Sangha


constituency were defeated by Palden Lama an independent candidate in this
election.

In order to save himself N.B. Bhandari leaving his native constituency


Soreng contested this time from Rhenock constituency (East) and was declared
elected defeating his immediate SDF rival B.S. Panth.

Pawan Chamling for the fourth time was declared elected from his native
·constituency Damthang(South) scoring 72.26 per cent votes.

As usual from Gangtok the ruling party SDF Candidate K.B. Gurung was
defeated by N.K. Pradhan of SSP. Invariably no ruling party or a party with
majority number of seats on the floor of the Legislative Assembly is· able to win
the prestigious seat of Gangtok constituency.

r.
'---<. The most noteworthy feature of 1994 Sikkim Legislative Assembly election
ts that, from reserved B.L. seat of Rakdong-Tintek constituency (east) the
candidate by name Mingma Tshering Sherpa was declared elected. Once again in
1999 Mingma Tshering Sherpa was elected from the BL Constituency. Perhaps for
the first time a Sherpa (Tribal) candidate was declared elected though B.L. seats
are reserved for Bhutias and Lepchas of Sikkim. The Sherpa community was
declared as a Tribe of Sikkim in the year 1978. The success to Sherpa
community/Tribe is accepted as per the verdict off the Supreme Court Judgment
delivered in 1993 on seat reservation issue of R.C. Poudyal's Writ petition-which
reserves for Sangha and Tribals 13 seats.

The SDF secured minimum 43.06. per cent (but won) in Kabi-Tingda
(North) constituency and. highest percentage votes from Damthang where Pawan
Chamling won the election26 .
448

Pawan Chamling along with his Cabinet colleagues and Minister of state
· took the oath of office. The Council of Ministers included the following
27
members •

Pawan Kumar Chamling: C4ief Minister of Sikkim

Cabinet Ministers:

Dorj ee Dezom Bhutia

Garj aman. Gurung

Hishey Lachungpa

K.B. Chamling

· Thinley Tsh Bhutia

R.B. Subba

P.S. Tamang

Dorjee Tsh Lepcha

' K.T.N Gyaltsen

Ram Bahadur Subba

S.B. Subedi

Ministers of State:

Girish Chandra Rai

Tseten Dorjee Lepcha

Chandra Kumar Mohora


449

Ongden Tshering Lepcha

Thutop Bhutia

Later all the Ministers of State were promoted to the cabinet rank. There are
altogether 7 B.L. Ministers and the rest including Chief Minister belong to OBC
cadre. At present there are 17 Cabinet Ministers including the Chief Minister.
There are 19 Chairmen of various organizations who are chosen from MLAs and
other supporters of SDF.

In the sixth State Legislative Assembly 1999 to the defection started Sonam
Gyatso Lepcha, Sang Dorjee Tamang and Mingma Tshering Sherpa of Sikkim
Sangram Parisad were the first lot to defect to the ruling SDF. Later N.K
Pradhan, J.K Bhandari and Sonam Dmjee have decided to defect to the ruling SDF
and whose position was not conformed. In case of the defection N.B. Bhandari it
was expected, shall remain the lone opposition member representing Sikkim
Sangram Parisad. Moves are already being made by Bhandari to defect either to
Congress(!) or BJP. One has to wait and watch to which National Party is ready to
accept him.

The then Minister for Education and Culture K.N. Rai is made Government
Chief Party Whip of the Sikkim Legislative Assembly.

Kalawati Subba assumed the office of the speaker as first women speaker
of the· Assembly on 15th Oct, 1999.

The most interesting feature of Administration and Government in Sikkim


IS that seldom reshuffle takes place with regard to Ministry and transfer of
Secretaries of various departments. Since the idea of Chief Secretary is being
brought from Central Government and other State cadres of Indian Administrative
Service. Now the trend is to appoint Local officers as Chief Secretaries in the
State. However, the post of DGP is still based on Central :posting. On the
450

retirement of Mr. Hunda. IPS Mr. Tenzing. IPS i~ appointed as DGP - the first
local police officer to become Direct General of Police in Sikkim.

Bharat Shiromani28 Pawan Kumar Chamling (Kiran) won the hearts of the
people, trying to serve the people of Sikkim ·untiringly with his team and party
with his fruition of dream of transforming the Himalayan State· into a 'New
Sikkim - Happy Sikkim'. The people have tasted real democracy in their life and
the SDF has made them to realise that in 'Janata ko Raj Ma Jantai Raja' (In a
popular regime people themselves are the rulers). The Sikkim Democratic Front
under the leadership of Pawan Chamling in the first and second terms of office
spared no effort to bring about an all-round . political, social and economic
developments of the State of Sikkim laying particular emphasis on· improving the
lot of underprivileged and vulnerable sections of the Society by a number of
poverty alleviation and welfare schemes- especially to fulfill the promises made
by the SDF in its election manifestoes. The inspiring leadership of SDF's supremo
and the Chief Minister Pawan Chamling who always maintains that his one and
only principal objective is to develop Sikkim and uplift the poor, deprived, ·
disadvantaged, marginalized and vulnerable sections of the society.

The first vision ofPawan Chamling is restoration o democracy and in order


to achieve it, he not only overthrew the dictatorial undemocratic rule of N.B.
Bhandari but also came to power to restore democracy. In this effort at the outset
he restored democracy to give complete safeguard to Sikkimese rules and
traditions, rule of law, protection under article 371 F of the Constitution of India,
to restore freedom of speech, freedom of press to close the black chapter of
gagging the fourth estate but with legal action on yellow j oumalism, to maintain
law and order, restoration of peace and tranquility and make Sikkim further one of
the most peaceful states of India with the help of law abiding and peace loving
people.
451

The first step in this direction to him is to achieve the goal to provide social
justice for all sections of the society of Sikkim-in religion, gender, age, profession,
culture and to build the interests of the of the people in their plural diversities. As
pr:omised most of the communities of Sikkim Nepalese are included in the list of
OBCs and concerted effort is on to include all those left out communities in the
list of off OBCs in order to provide admissible facilities. Decision has also been
tak_en to grant quota seats for students belonging to communities other than OBCs
for higher education with( scholarships in the institutions of national importance
situ§lted outside the state. Equally in all Government jobs 23 per cent of seats are
reserved for Scheduled Tribes, 6 percent to Scheduled Castes and 21 per cent to
OBCs. In vacant position rest are _also given preferences on the basis of
dereservation policy besides keeping reservations to the NBCs.

Efforts are also being put to recognise local languages to be giVen


( constitutional recognition. Bhutia, Lepcha, Limboo, and Tibetan, languages are the
state languages and have received recognition in Central Board of Secondary
Education up to class XII and in the University of North Bengal to be taught at
degree levels. The state Government has accorded official recognition to Gurung,
Rai, Sherpa, Mangar, Newar and Sunwar. (Mukhia) languages and has taken steps
to develop these languages.

Further the State Government has strongly demanded to consider the senior .
and respected persons and dignitaries of Sikkim for high posts in the centre. The
centre had already appointed Sikkim's former Rajya Sabha M.P. Karma Topden as
the Indian Ambassador to Mongolia. Some names are in the offing to appoint as
Governor of a state and judge of the High Court and Supreme Court. Since SDF is
I

in support of the NDA Government demand is also placed for a berth in the Union
Cabinet. Invariably jn the Presidential and Vice Presidential elections . Sikkim
supported the winning candidates.
452

In the Social Sector Education is number one and top priority and the
Chamling government is intending to increase the share of budgetary allocation
substantially for education-which alone the SDF Government feels that will make
the state less dependent and more motivated to achieve the dream-'Sikkim Vision
2015-A shared dream'. The literacy rate in the state has risen to 70 per cent. The
ruling government has introduced more than half-a-dozen colleges including
Advanced Technical Training Centre at Bardang, East Sikkim and Centre of
Computers and Communication Technology at Chisopani, south Sikkim. Manipal
Institute of Technology and a Medical college under Sikkim Manipal University
have started functioning. The MIT has produced two batches of engineering
degree holders. The Medical college was commissioned in the year 2001. Literacy
level in the state has gone up while dropout rate in various schools have come
down. Further a stress is also being made to improve quality education in the state
ofSikkim.

The Government's endeavour in Education has been primarily to enhance


quality education and for which developmental activities were undertaken.
Schools were upgraded for availability of schools within walking distance of
children and to tackle the growing numbers of students in the state.

There are 179 Lower Primary Schools, 322 Primary Schools, 129 Junior
High Schools, and 76 Secondary Schools, and 29 Senior Secondary Schools
spread allover the state. In achieving national objective of universalisation of
Primary Education the SDF Government took the bold and commendable step and
issued a notification No 14/LD/200 dt.30.06.2000 for making Primary Education
to be made free and compulsory for all children up to the age of 14 years in
Sikkim. Free tuition fees up to class XII and college level, Free uniforms to
children up to class V and Free Text books up to class V and 50% subsidy on cost
of books from class VI to XII from the year 2000. The Managing Committees of
the schools with local Panchayats are established. Besides these infrastructural
453

facilities for educational institutions are increased. The Sikkim Manipal university
as mentioned earlier was established for degree courses in Engineering and
Medicine. Education Bill_2000 was passed by the Assembly to streamline standard
of education, administration and functions of the institutions, to extend grant-in-
aid, and for other improvements in the field of education. The Sarva Siksha
Abhiyan was introduced with the aim of providing quality elementary education to
all children up to the age of 14 years in the state. The computer education is being
made compulsory in all the schools and the SDF Government headed by Pawan
Chamling envisions a future where every child in the state is well equipped with
the knowledge, and skills and confidence, which are ingredients in ensuring a
meaningful and purposeful life. The state is marching towards 100 per cent
literacy, supply of electricity and water supply. Many high Schools were upgraded
to Senior Secondary Schools in the state. The mid day meal system in the form of
supplying uncooked rice to each student up to class Vis now looked into to the
served as cooked food. Education is free up to collegiate level. Scholarships for
the students studying outside the state are continued. Within the state the Social
Welfare Department awards scholarships for Scheduled Tribe, Scheduled Caste
and OBC students of collegiate level.

The SDF Government has promised in its manifesto that it would rebuild
and reenergize the State Health Care System so that the more poor will benefit.
Hospitals are constructed in all four districts, Primary Health Centres and Sub
primary Health Centres in all the major villages in Sikkim are constructed. Multi
bedded Community Health Centres are also being constructed in all four districts.
Besides these sophisticated equipments are being provided in STNM Gangtok
Hospital and Namchi Government Hospital along with availability of specialists
from different fields of specialization. However, lack of sufficient beds to the
patients seems to be a great problem in STNM Gangtok hospital and N amchi. The
state is free from major diseases like leprosy, HIV positive, Aids, cancer etc.
'
454

Tuberculosis and Goiter are fo'und to be common/chronic ones owing to altitude,


undernutritiuon among the people and lack of iodine content.

Since Sikkim is a hilly terrain with forest, Pawan Chamling believes that
'we will safeguard our environment as in this lies the very essence of our survival
and future 29 '. In the protection of environment, the SDF Government has taken
various measures to increase green coverage by involving in massive plantation
movement. The state government has banned grazing by all kinds of domestic and
semi domestic animals in reserve forest areas. Sikkim also holds the distinction of
becoming the first state in the country to ban on the use of plastic bags to protect
the environment. Do Chief Ministers think green? Down to Earth conducted a
survey and found that they do, at least in some states. In the environmentalists
survey, the Chief Ministers came out with flying colours were Pawan Kumar
Chamling of Sikkim along with Dig Vijay Singh of Madhya Pradesh and Chandra
Babu Naidu of Andhra Pradesh who occupied the top position. The
environmentalists were all praise for the efforts of Chamling to curtail logging and
to restrict timber transport. Chamling also won praise for pushing ecotourism that
gives employment opportunities to a lot of poor people. It has also improved urban
environment to 77 per cent in Sikkim and in sustainable development to 88.89 per
cent; along with involvement of the civil society in the environmental
management30· Mr. Chamling is called 'Mr. Green' of India for having taken steps
to protect environment and ecotourism. As forests are often considered to be the
most splendid manifestation of plant life on earth to play an important role in the
development of civilized man, Pawan Chamling has detected to create and
established Smritivan at various places as a part of Green Sikkim, by involving all
the segments of the society. Today, under this scheme social, religious,
educational institutions, defence, police, tourism, NGOs and government agencies
are voluntarily undertaking massive plantations in different ·parts of Sikkim ·in
455

memory (smriti) of their near and dear ones. Thus Chamling becomes eco-friendly
and environment friendly Chief Minister in the country.

Lok Adalats are being established in all the districts for the benefit of
common masses and extend legal help to the poor and the weaker sections of the
society at their doorsteps. Similarly Consumers' Court, Human Rights Court,
Atrocity Court, Family Court have also started functioning. As pointed out earlier
in the chapter on judiciary Sikkim holds the record of the least number of pending
cases in the entire country.

There are a number of schemes for the welfare and development of girl
children, children, women, SC/ST/OBC, handicapped, aged people in the state
including Indira Mahila Yojana, Balika Smridhi Yojna, Small Family Scheme,
Widow-Remarriage, Pensions to widows of Ex-servicemen, Training etc. 30 per
cent reservations being given to women in Government jobs and panchayats. Old
age pension ofRs 200/- p.m. is given to more than 10,000 people above the age of
65 years who are living below the poverty line.

The Sikkim state Plan of Action for children cares for the Rights for
survival of children with regard to their health, maternity, nutrition, environment,
sanitation, hygiene water development, protection and participation.

The striking feature of SDF government headed by Pawan Chamling is to


record and recognise the unforgettable contribution made by eminent senior
citizens in their chosen fields who have contributed towards the overall
development of Sikkim. They are being remembered and honoured by this
government. In the 25-f year of celebration of the State Day on May, 16,2000,
such citizens were honoured in the Roll of Honour with shawls, carpets and cash
Award of Rs 15,000/- each including the surviving members of the first Sikkim
Legislative Assembly like L.D.Kazi and others. Persons who made outstanding
contributions were honoured by naming important roads and schools in the State
456

after their names. Sikkim State Awards are also instituted for proud sons and
daughters of Sikkim in recognition of their excellence in their chosen fields of
activity and contributions for Sikkim. Film star Danny Denzongpa, footballer
Baichung Bhutia, traditional artist Ganden Lharipa, folk singer Benjamin Rai, star
Olympian Jasraj Pradhan, poet-author late T.R. Sharma and others where given
awards.

The ruling SDF government headed by Pawn Chamling has ·identified


Tourism, Power, Education, Agriculture, Horticulture and low volume but high
value projects and eco-friendly industries as the sectors of priority to be promoted
and developed. The stress is also made to repair roads, carpeting of roads,
beautification of Sikkim, National Himalayan Study cum Museum, National
Medicinal Plants Research and Study Centre, moral education and finally to foster
Sikkim's distinct identity and character which are environment friendly, culture
friendly, communal harmony and· secularism to make the state known to the rest of
India.

Land is being provided to landless and home to the homeless. The living
standard of the people of rural areas has significantly improved. Sikkim under the
rule of SDF umbrella has already occupied a place in the world map of tourism.
The daily wage earners of Sikkim are one of the best-paid Government employees
in the country. The daily wage of the labourers, which was at only Rs 20/- per day,
has been raised to 100 per cent by the SDF government. Another raise ~as of Rs
10/- was added on May Day in the year 2001, thus making Sikkim one of the
highest paid daily wage earners in the country. SDF stands for abolition of child
labour, which is rarely found in the state of Sikkim.

In the field of economic development the SDF strives to continue with


greater vigour to bring about rapid and sustained growth of economy by laying
stress on long-term and time-bound productive schemes and projects having
457

potential to create more revenue and employment in the state. Development


oriented and people-centric schemes are being given priority along with
hydropower, floriculture and eco-friendly tourism. Opportunities are being created
in as many diverse fields as possible so that the people will become less dependent
on the Government and more on themselves. Economic survey is being conducted
in the state with state's own budget and manpower. It is a unique programme, first
of its kind and on the completion of the survey, economic assistance will be given
to persons falling below poverty line (BPL) and tries to bring them above poverty
line (APL) 31 .

In the agricultural sector efforts are being made to design ecologically


sustainable, economically profitable and resource efficient cropping system for
different agro-climatic conditions. Emerging areas like genetic engineering, bio-
insecticides, integrated nutrient management, integrated pest management and agri .
business management are being incorporated in the fields of research development

for aiding growth in agriculture development. Efforts are being put to create mass
awareness on the need of achieving higher agricultural productivity. The yields of
large Cardamom, Ginger and Tea· are contributing to a maximum extent to the
resources of the state. Veterinary services, Animal Health Cattle development,
poultry development and other livestock developments are taking headway and
improved to a maximum extent. Dairy Development in the state has shown a
remarkable progress. With regard to irrigation the state is adopting appropriate
techniques to suit to the hilly terrain and make them sustainable.

Non-residential buildings, Secretariat annexure buildings, district


administrative centres, subdivision administrative centres, P.T. Namgyal
Memorial Park, Guest Houses, Banquet-cum-conference Hall, Prison
administration, residential buildings and quarters for ministers are getting
completed and commissioned.
458

For the Co-operative department Sahakari Bhawan was constructed and


was shifted in 1998. An apex level namely Sikkim State Co-operative Bank
Limited commonly known as SISCO has been established. SISCO bank since its
inception as distributed short-term agriculture credit to the farmers to a tune of Rs
5.67 Lacs. The Sikkim Consumers' Co-operative Society Ltd. Had achieved in
purchaseRs 683.72 Lacs, sale Rs 1021.55 Lacs and in recovery Rs 783.51lacs.

The Sikkim Milk Union Ltd. and SIMFED have made appreciable
performance. The Directorate of Economics, Statistics, Monitoring and Evaluation
undertook National sample survey with reference to the state of Sikkim, State
income, Economic statistics, Economic survey, Sikkim at a glance 2001,
Economic census, Agricultural census, Sikkim Vision Document, Sikkim Human
Development Report 1999 (SHDR), estimation of cropping pattern and Statistical
service. The Ecclesiastical department is a unique department that caters to the
spiritual needs of the people of Sikkim and documented all religious institution
and places of worship dating 100 years and more has been actively engaged. The
Chinmaya Mission was established to promote discipline, vedic studies and
promote human resource development in the state.· Shri Kanchi Kamakoti Seva
Samiti is registered to construct a meditation centre in the South Indian style of
architecture at Nandok, east Sikkim. More than a thousand NGOs, Associations,
Social, welfare associations are registered under Land Revenue department and
district collectorates to promote welfare activities in the state. The Nepali Sahitya
Parishad is established to protect and promote Nepali language, culture and
traditions. The excise department has increased the state's Excise duty from Rs
~ 6.80 crores in the year 1994-95 to Rs 13.19 crores in 1999-2000. Licenses were
issued to establish new liquor industries.

The department of Food and Civil Supplies ensures the adequate supply of
essential commodities throughout the state. The department has started the issue of
individual ration cards for the people who live Above Poverty Line and the issue
459

of Below Poverty Line ration cards is on the anvil. The Weights and Measures acts
and rules are strictly adhered by the department of FCS. A consumer protection
cell is given top priority to promote consumer welfare activities in the state.

The Department of Forests, Environment and Wildlife are the wealth of the
state. It controls forests, environment and land use policy. The concept of Smriti
Vans, the brainchild of Pawan Chamling is a new frontier and new opportunity for
creating new forests without Government patronage and to promote forest crop.
Parks and Gardens and landscaping of urban areas including those off tourist
importance are being developed. Illegal felling and grazing, forest land
encroachment and forest fire are prevented. A number of rules relating to forest
control have been ·enacted to protect forests in the state. The National Park and
· Sanctuaries are taken care to protect the animals under wildlife Act. To learn about
forest, wildlife and to protect thein Environmental education is being introduced in
schools and colleges. Horticulture and Sericulture are also given adequate
importance in the state. The Khangchenzonga conservation committee takes care
of Khangchendzonga National Park and the sanctity of . the Mount
Khangehendzonga.

The effort of Pawan Chamling is to recognize Sikkim as one of the bio-


diversity 'hot-spot' regions and for which a MoU has been signed with the
Ministry of Environment and Forests, Govt. off India, that Forest Environment and
Wildlife Department of the State will be the custodian, implementer and also the
nodal agency for all biodiversity and related issues. Along with conservation of
medicinal plants and rare animals under WWF are taken care. Floriculture offers
dignified profession not only to the villages but also to the educated unemployed
youths of the state.

The police department is performing its duty to the entire satisfaction.


Traffic rules of the Traffic Police, the role played by Sikkim Armed Police and
460

women police are commendable. Efforts are on to modernise Police administration


in terms of mobility and equipments.

One of the major .achievements of the SDF government is in the field of


Information and Technology. The mission of the department has been the use of
information tools, income and employment generation through private sector
participation and empowerment of rural communities. Keeping this in view a
number of activities have been undertaken in the state such as Community
information centers, Computer training for Government officials, development of
web-sites, CD ROMs, Software Technology, Telemedicine and encouragement to
the private sector.

In the Industrial sector the department of industry has been playing a


pivotal role in implementing developmental schemes and to solve unemployment
problems extending necessary assistance for self-employment through its various
undertakings and agencies. It also stops the migration of the people from rural
areas to urban areas and to improve their living conditions.

The Sikkim Jewels Ltd., Sikkim Times Corporation, Sikkim Tea Estate,
SIDI CO, Directorate of Handicrafts and Handloom are contributing to the income
of the state by their excellent performance. The Government Food Preservation
Factory- a sick industry has been revived. Still a lot has to be done in the field of
industry in Sikkim as because of the weather conditions, topography, lack of
resources, geographical position and lack of space.

The land Revenue departmental functioning is strengthened and in January


1999, the Rongli Sub Division was established besides the existing district
collectorates and sub divisions. Land records are computerized. Cadastral survey
and Land Bank systems are introduced. Na~ral calamity is taken care. Further
protection of old laws under Revenue order No 1 of 1917 is strictly adhered to.
461

However, under this law the government has the power to relax the prohibition
and allow the land to be used in the state.

The Mines and Geology department is to explore the reserves of the


minerals of the state. It assesses coal dolomite, quartzite, talc Sillimanite, rock
crystals and building stones in the state of Sikkim. The Sikkim Mines Corporation,
which is running at a loss, is being revitalized 32

The Planning and Development department is the nodal department for


examining, evaluating and examining the projects and schemes by different
. sectoral departments. The lOth Five Year Plans is prepared. Various NGOs are
being consulted to prioritise the schemes and mobilization of resources. The
Department published the Human Development Report and the Sikkim-People's
vision documents. The State Government vide notification No. 194/P&D dt
8.5.2001 has constituted for the first time the State Planning Commission in order
to bring about the economic growth and social justice in the state.

The State Planning Commission consists of:

Chief Minister Pawan Chamling Chairman

Muchkund Dubey . Deputy Chairman

S.Sen Member

A. Lahiri Member

Mahendra P Lama Member

K.C. Pradhan Member

Chief Secretary S.W. Tenzing Member

Secretary Finance T.T.Dorjee Member


462

Development Commissioner G.K. Subba Member

Later P.D. Rai Chairman SIDICO and SABCO was also made a non-
official member. Once again three more were inducted as members of the
commission and lastly vide notification No 31 Home I dt.20.08.02. P.K. Pradhan
retired Chief Secretary of Sikkim was appointed as non-official member of the
commission. At present the State Planning Commission Consists of 12 members. ,

In the infrastructure development and in the socio-economic arena the


power sector is an ingredient. Sikkim is blessed with. tremendous hydroelectric
potential to a tune of 8000 MW and a firm base of 3000 MW and c~m bring
revenue to the State by proper planning and implementation of power projects. In
this sector the State Government has sought the participation of public and private
agencies for generation and transmission of power to tap the Teesta-Rangit basin.
The small hydropower Houses prevalent in the State are eco-friendly power
generation in the State. The State Government has been facilitation and playing a
positive role and planned development in the power sector. The Power
Department of Government is Sikkim is trying to establish Power Houses namely,
Kalez Khola Hydel Project 2x1 MW and Diesel Power House at Gangtok- 4x1
MW to add 6 MW of installed capacity and renovation of Lower Lagyap, Jali
Power House, Rimbi State-1 and Rothak Microhydel to a tune of retrieved
capacity 13 MW from 6.15 MW. Rabomchu, Peuay, Lachung State II and
Mangley Projects are under construction. The networks of transmission are under
progress with improved techniques. The rural electrification programme is also
taken as a minimum need programme and trying to achieve 100% electrification of
villages in Sikkim at least with two point free connections to poor households
known as 'Kutir-Jyoti' programme as against one point free connection
programme-of 1988-89 as because majority of the population reside in villages. A.
State Regulatory Committee as an independent quasi-judiciary power for
formulation of tariff and other related matters is underway. In the power sector
463

reformation Sikkim Power Development Corporation has been established to


implement· major generation schemes with an installed capacity of 61 MW
seasonal and 40 MW firm. The Department of Power is taking care of revenue
receipt and tariff. Between '1999-2000 the revenue receipt is increased and is
Rs.824.84 lakhs against 55,000 consumers. Steps are also being taken for
implementation and uninterrupted power supply to Gangtok- the capital city.

As water is life second to air for the survival of human beings and other
beings, the Department of Public Health and Engineering is toeing with the
policies of the Government, providing potable water and taken care of systematic
disposal of sewerage within the framework of pollution act. Because of the
difficult and fragile terrain the potable water in capital and other places· of Sikkim
are being fed from the snow-fed Ratechu Source. The Rangpo water supply
scheme of Army at Ravongla is completed. In South and West effqrts are made to
keep the water supply smooth. Augmentation of Rabdentse, Legship Bazaar,
Naya Bazaar, Melli Bazaar, Samdruptse, and Namchi water supply schemes have
been successfully executed. Besides treatment facilities are also being undertaken.
Similarly the sewerage network is being looked into stop pollution.

Since travel in olden days in Sikkim was done on foot steps and loads by
Mules were carried on construction of roads and bridges have started from the
British time. The NH 31.A is the chart road to connect Sikkim with rest of the
· country where vehicles with limited loads ply. In the first five-year plan a thrust
was given to road network, since 1950. Later low cost roads and bridges were
constructed to link all parts of Sikkim. Therefore, the department of roads and
bridges of SPWD undertook the activities of widening and improvement of the
existing roads, upgrading of lower load carrying bridges into higher-class bridges
and construction of new roads in accordance with the specifications prescribed by
Indian Roads Congress. Soil cutting, rock cutting, bridges to cross over the
streams and rivers and avoid slides, steps are being taken along with back cutting,
464

providing protection of walls and drains. The Government is taking steps to carpet
road surface and up gradation of surface. The Sikkim Democratic Front
Government had undertaken the carpeting work in Water bound Macadam area, 16
routes covering a distance of 127 Kms in all four districts. The Government has
approved to resurface of the roads in 13 routes to cover a distance of 248 Kms.
The laying of new roads and bridges are also receiving attention.

Many of the new roads are under completion and to be completed soon
covering a distanced of 200 Kms in all four districts. Simultaneously the repair of
roads and bridges and landslides are getting completed. To avoid difficulties due
to rains and landslides the helicopter service is restored between Bagdogra and
Gangtok. Besides this helipads are being constructed at remote places of Sikkim.
Whatever the efforts taken by the Government the natural calamities caused to
roads because of rains and landslides cannot be avoided. Only nature can help
Sikkim from these evils.

As Sikkim is landlocked Himalayan State with no mr, rail and water


transport facility depends more upon road transportation. Since 1946 the Sikkim
NationC).lised Transport Bus services link Sikkim both within and outside. There
are at present 123 buses and 123 trucks I tankers ply on 67 passenger routes. The
SNT also works as an out agency for Railways and computerised rail reservation
counter operates from 1997. Reservation quota for Sikkim is made in long bound
trains for the benefit of the people of Sikkim. The SNT Gangtok Bus Terminus is
upgraded. The SNT is expected to bring an expected revenue generation to the
tune of Rs.250 to 300 lakhs. Besides SNT buses, a number of private buses and
taxies ply both within and outside the State.

The majority population of Sikkim belongs to poor and weaker sections, the
Social Welfare Department of ~ikkim Government ·works in a three pronged
strategy- (a) development measures for education and economic development, (b)
465

protection measures through Civil Rights Act & Prevention of Atrocities Act,
1989; and (c) intensive and integrated developmentof areas having Scheduled
Castes and Scheduled Tribe population.

The Government vide notification No.4/WD/95 dated 1.7.1995 enforced


new reservation policy as follows:-

SC:6%, ST 23%, OBCs 21% and upper age is relaxed in recruitment for
various services as SC:5 years; ST:5 years; and OBCs 3 years.

Besides rehabilitation of scavengers in terms of giving them financial


assistance and training in other trades have been launched. Many development
schemes for the welfare of Scheduled Caste and Scheduled Tribes are launched
vide circular No.21/Home/2000 dated 18.1.2000. Welfare Board are constituted
for both SCs and STs to implement various schemes for weaker sections at grass
,, root level. Intensive economic development programmes are also undertaken to
uplift the weaker sections of the society. Old age pension, welfare of the disabled,
stipend, subsistence allowance, equipments, free camps, sheltered workshop etc.
for the disabled have been launched. The department runs destitute homes in all
four districts and a Juvenile Home at Gangtok. Many NGOs do participate in the
venture of Government promoting Welfare Schemes. There are some private
orphanages available in the State.

In the arena of Sports and Youth Affairs a newly founded department in the
year 1995 promotes physical fitness, stops the menace of drugs and to provide the
facilities and exposure for the talented to excel. Sports activities are promoted at
School and College levels and promoting excellence a 'Search more Baichung'
programme was launched in 1999- especially among footballers under- 14 year
footballers. Under the auspices of sports Authority of India a Sports Training
Center at N amchi is in the offing to encourage football, boxing and archery, the
State game in Sikkim. There are at present 13 State Associations and 3 District
466

sports Associations existing. The major competitions and tournaments in the State
are-

The Governor's Gold Cup Football Tournament

The Eastern Indian and Mr.Sikkim Body Building Competition

The Open Marathon Competition

The Vijay Merchant Cricket Tournament

The Kanchendzonga Invitational Boxing Tournament.

The State Team and a few players are making their mark at national level in
Football, TaeKwonDo, etc. Baichung Bhutia the Footballer was bestowed for the
first-time the Arjun Award. The Paljor Stadium is upgraded into a modem State
complex. Similarly NCC is also encouraged. The Government for promoting
sports and youth affairs is according more priority.

Yet another important field is Rural Development for alleviating rural


poverty for providing productive employment opportunities. The concern of the
. department implies both economic betterment and greater social transformation of
the people of Sikkim. Besides, many centrally sponsored schemes such as IAY,
JRY, JGSY, IRDP, TRYSEM, DWCRA, SGSY, etc. The State Government has
equally introduced several poverty alleviation programmes. The basic necessities
like food, shelter and clothing, home for homeless, etc. are being provided. Under
the scheme 30 numbers of CGI sheets are provided· to each of the rural poor
v._ families and old. age Pension. At grass root level Government the State has
extended devolution of power and decentralization of Planning and administrative
mach~nery - thus giving independent at the bottom. Elections for Panchayats of
both Gram and Zilla were conducted successfully to allow the Village Pramukhs
to rule. Religious tolerance is being promoted along with peace in villages of
467

Sikkim. The SDF Government under the leadership of Pawan Chamling


organized training at the Sikkim Institute of Rural Development, State Level
Gramin Mela and Panchayat Sammelan in different locations of the State since
1996. Rural Employment, Employment Assurance Scheme, Jawahar Rozgar
Yojna, Indira Awaaz Yojna are being launched and conducted successfully to
alleviate poverty in the villages of Sikkim. Under IRDP people are able to cross
the poverty line. The biogas and improved Chula schemes save the forests of the
villages. An emphasis is also made for proper rural water supply in the State,
besides rural sanitation and construction as well as repair of rural roads and
bridges.

Tourism is an important sector, an industry in Sikkim and has a tremendous


potential. Some of the attractions of Sikkim are the high Himalayas, Mount
Khangchendzonga - third highest peak of the world, rich flora and fauna, bio-
diversity, monasteries, lakes, distinct culture of the three ethnic communities,
.,
pristine beauty of hills supported by the deep valley and perennial flow of river
Teesta. The Government has recognised the important of tourism in the socio-
economic development and gives high priority in the State. One of the best
tourism performing States of India Sikkim has bagged national award too thrice.
The number of visits of tourists is increasing every year and is expected to go very
high in future - especially with the opening of N athula for Indian tourists to visit,
white river water rafting, Yumthang valley etc. The Sikkim Tourism
Development Corporation has renovated and reactivated tourism in Sikkim. A
number of Travel Agencies have been started to give employment opportunities in
the State. In the Himalayan Tourism Advisory Board Meting held on 20th August,
2002 Pawan Chamling said that Tourism in Himalayan states promotes economic
activity and is a potential area. But the Himalayan regions are most undiscovered
and unidentified tourist destinations in the country besides the facts like fragile
character of the region, infrastructural and institutional bottlenecks and resource
468

constraints. These should be taken note and bestow on Sikkim Himalayas further
responsibilities to be a flag bearer of eco-tourism movement in India. However,
he is hopeful that the encouraging attitude and support of Government of India
towards Sikkim that tourism sector shall flourish in the near future. Tourism
brings to Sikkim one of the main sources of income and the SDF Government
gives utmost importance to it.

The urban sector, which was giVen little priority, is receiving greater
attention under the SDF Government. There are no parallel Acts/Regulations of
Town and Country Planning in the State. Therefore, there was no proper control
over constructions and developments as well as informal bazaars that had
developed by themselves/them. There are no Master Plan to develop the capital
Gangtok and other towns in the State. There is shortage of urban land and no
proper wastage management system. The State as a whole and capital Gangtok are
lacking parking space for vehicles.

The present Government undertook various measures to develop the urban


areas for the benefit of general public with a policy to treat urban sector as a
priority. It is the effort of the Government to acquire land for dumping and
conversion of biodegradable garbage into composts, to impose ban on non-
biodegradable materials like plastic shopping carry bags. The Sikkim Non-
biodegradable Garbage (Control) Act was enacted in 1998 and is enforced strictly.
Reshithang and Ranka of East Sikkim are identified as the ideal place for new
Satellite townships. The project for Greater Namchi is also being prepared. The
drains are taken care to restrict seepage's. Flyovers and length reduction footsteps
were constructed to avoid vehicular pedestrian conflict. Also a ropeway is in the
offing. Gardens are created and maintained for tourists' attractions, Private taxi
stands, marketing areas and parking spaces are being made to avoid difficulties.
Regional Planning and Development Act, 1998 is passed for the benefit of having
townships and legislators are provided with residential sites. Unused lands are
469

being converted into marketing areas and the Lall Bazaar founded in 1955 will be
renovated. Pubic toilets are maintained as pay and use toilets. The M.G.Marg of
Gangtok city will be converted into a vehicle free zone by introducing multi level
car park near Police Headquarters. Work shed for tailoring and cobblers are
constructed. Marketing yard for urban poor in Lall Market and Taxi Park at
Chandmari are being constructed. Restrictions on throwing of spills and garbage
in Jhoras, drains and public places are frame to levy fine or imprisonment.

For the Welfare of women and children a number of schemes have"been


introduced by the Department of Women and Child Welfare, under Indira Mahila
Yojana, Balika Smridhi Yojana, Small Family Scheme, Widow remarriage,
creches for working women's children, working women's hostel, Integrated Child
Development Services, Nutrition and State Pl::i of action for children 33 .

The budgets presented since 1995 till 2002 are based on poverty alleviation
programmes though deficit in nature. The tenth five year plan focuses upon all
round development of Sikkim and poverty alleviation agenda.

The POTA, 2002 has been extended in the State of Sikkim vide notification
No.48 /Home/2002 dated 8th October, 2002. In exercise of the powers conferred
by sub-section (1) of section 23 of the Prevention of Terro:r:isjf..Act,
. ·;.
2002
.
(15 of
2002), the State Government has constituted the Court of District and Sessions
Judge, East at Gangtok as the Special Courts for all types of cases arising under
the said Act in the State of Sikkim. The State Government appointed vide
notification No.49/Home/2002 dated 8.10.2002 S.W.Tenzing, Chief Secretary I
~. Home Secretary to Government of Sikkim as the Competent Authority for the
purposes of Chapter V of the said Act with immediate effect and vide notification
No.50/Home/2002 dt. 8.10.2002, K.N.Lepcha, Special Secretary, Home as the
Designated Authority for the purpose of the said Act w.e.f. 8.10.2002.
470

The Chief Minster's self employment schemes recently launched to a tune


of Rs. 50,000/- to Rs.1.00 lakh to the educated youths is a turning point to solve
unemployment problem. · Still unemployment in Sikkim is an acute crisis. A
mountain I Sikkim Regiment is also in the offing to solve unemployment problem.

However, Sikkim under the rule of SDF and leadership of Pawan Chamling
is the most peaceful State of the Indian Federal Polity promoting communal
harmony and with essence of peace.

To remember history the statues of Chogyal Palden Thendup, Guru


Rimpoche Padmasambhava, Kazi Lhendup Dorjee are to be installed soon.
Already the statues of Mahatma Gandhi, Jawaharlal Nehru, Dr.B.R.Ambedkar and
Adhi Kavi Bhanu Bhakta are installed in the State.

Inclusion of Sikkim in the North - Eastern Council

Following the decision of the Central Government to include Sikkim34 as an


eighth member of the North Eastern Council, there has been visible sign of doubts
and apprehension among some sections of the people in Sikkim. The general
apprehension among the people is that with the inclusion in the NBC fold, the
Article 371 F of the Constitution of India, which guarantees special status to the
State of Sikkim, will be affected.

Keeping in mind the general apprehension of the people, the State


Government raised a number of queries with the Solicitor General of India, for his
valued opinion. In his reply Mr.Santosh Hegde, Solicitor General of India has
~ given his reply to the State's queries point by point and are incorporated in the
white paper35 published by the State Government, which was presented during the
first day of the Budget of the Sikkim Legislative Assembly by the Chief Minister ,
Mr.Pawan Chamling on August 24, 1998.
J
The clarifications are listed as follows:-
471

1. Status and Identity of Sikkim:

By including Sikkim in the North-Eastern Council, the status and identity


of Sikkim will not be affected in any manner whatsoever since the same is
constitutionally protected under the Constitution and the Act which creates
the North-Eastern Council does not in any manner, interfere with the status
and identity of Sikkim.

2. The Provisions of Article 371 (F) of the Constitution:

Article 371(F) (a-p) of the ,Constitution of India introduced by virtue of·


Constitutional 36th Amendment Act, which is now a part of the Constitution
itself. The provisions of the Constitution of India cannot be overridden by
any other legislative enactment unless constitution itself say so. So far as
the State of Sikkim is concerned, as stated above it enjoys a special status
I
in the Constitution of India and the opening words itself state the provisions
made therein are being made notwithstanding anything in the Constitution.
That being so there can be no apprehension whatsoever that the provisions
of North Eastern Council Act, 1970 could even remotely override or affect
the provisions of Article 371 F of the Constitution of India.

3. The rights and protections of the Sikkim subjects now citizens of India by
virtue ofthe Sikkim Citizenship Order, 1975

The North Eastern Council Act of 1970 does not control any of the rights
and protections of Sikkim subjects who are now citizens of India. Even otherwise
~ their rights are protected ·under the Special Provisions of Article 371F of the
Constitution of India as interpreted by the Supreme Court of India in cases of
R.C.Poudyal -vs- Union of India (1994) Sup.l Sec.324 and State of Sikkim -vs-
Surendra Kumar and Ors.(1994). 5 SCC 282. Therefore, there need be no
472

apprehension in regard to these rights being affected by the North-Eastern


Council Act, 1970 I 1971.

Old Laws Protected Under Article 371F(k) of the Constitution whether they
will be diluted in any manner:

In the narration of history and background Sikkim becoming a part of


Indian Union by inclusion of Article 371F made above. It is notified that a special
provision for protecting the existing laws is made in clause (k) of the said article.
These laws have been further given the protection for the challenge based on
violation of the ordinary constitutional provisions. The provisions of the North
Eastern Council Act do not in any manner relate to or override the provisions of
any of the Sikkim' s existing law. Even the decision of the North Eastern Council
cannot in any manner either directly or remotely affect the laws of the State of
Sikkim.

In fact, the opinion is that the inclusion of Sikkim in the North Eastern
Council would only be for the better development of the State and could never be
derogation of its status and identity nor would it in any manner affect the rights
and protections of the people of Sikkim much else would it affect the Provisions of
Article 371 F including sub article (k) of the said Act. Therefore, there is no
intention for Government of India to make any changes in Article 371 F of the
Constitution of India, which provides special status for Sikkim, to safeguarding
the rights and privileges of the people of Sikki;rn. Sooner or later with an
amendment Act Sikkim will become a part of North Eastern Council. Sikkim
becoming a member of North-Eastern Council was past by the union parliament of
India. However, article 371 (F) of constitution of India will always remain a Great
Charter for the State of Sikkim.

One of the steps in this direction is that under Non Laps able Central Pool of
Resources (NLCPR) to the North Eastern region including Sikkim, the Ministry of
473

Urban Development and Poverty Alleviation, GOI have made a provision of Rs.90
Crores. For Sikkim 5 projects are sanctioned for the year 2001-02 and
. subsequently for the years 2002-03 and .2003-04 for water supply scheme to
Tourist Centre, Augmentation of Gangtok Water Supply Scheme, to ·Tourist
centre, Augmentation of Gangtok Water Supply System Phase I, Municipal Solid
Waste Management Plan for Gangtok City including eco-friendly garbage through
projection of compost based organic fertiliser, Design of Storm Water Drainage
System along NH 31A in Gimgtok and Development of Lall Bazaar Phase-! at
Gangtok (Source, Gangtok Times), Vol. 6 No.39, Sept 30-0ct.6, 2002, Tadong,
baba offset Press p.8.).

Indian Income Tax

Sikkim became the 22nd State of the Indian Union in the year 1975.,
Among various conditions of the merger, which was solemnly agreed to by
Government of India, was the protection of the old laws in force in the State and
that it would continue to be in force until the same was repealed by a competent
authority of the Legislature. This constitutional safeguard has been engrafted
under Article 371 F(k) ofthe Constitution of India, the provisions run thus-

"all laws in force immediately before the appointed day in the territories
comprised in the State or any part thereof shall continue to be in force
therein until amended or repealed by a competent legislature or other
competent authority". (The Constitution oflndia)

The Direct Laws were sought to be enforced in the State, which goes
contrary to the safeguards enshrined under Article 371 F of the Constitution
relating to Sikkim since Sikkim had its own Income Tax Manual, 1948. The
enforcement of Direct Tax Laws has created serious apprehension among the
people about. erosion of their identity since necessary tax on income is paid under
474

Sikkim Income Tax Manual, 1948, which is being protected by the Article 371
F(k) ofthe Constitution ofindia.

The Hon'ble Acting Chief Justice Mr.R.Dayal in the High Court of Sikkim
pronounced this landmark judgement. The Hon'ble Supreme Court of India also
delivered in its judgement in April, 1994 and held that-

"Inherent in Article 371F (1) is the assumption that many such existing laws
may be inconsistent with the Constitution of India, and therefore, the President
came into be conferre,d with a Special Power to make adaptation and modification
with a view to making the said rule consistent with the Constitution oflndia. Of
course, this power had to be exercised within two years from the appointed day".

Therefore, the Supreme Court thus did not strike down the established rule
which was protected under Article 371F(k) of the C9nstitution.

Further, the Chief Minister, Pawan Chamling emphasized that the Supreme
Court of India held that-

'Effect must be given to the intendment of the said provision specially


introduced in the Constitution to comply with the understanding on which Sikkim
had agreed to merge with India'.

Taking into account this sensitive and emotive issue, the Members of the
Sikkim Legislative Assembly had unanimously adopted a resolution seeking
review I withdrawal of the enforcement/implementat.ion of the Direct Tax Laws in
Sikkim. The members of all political parties of Sikkim in a signed memorandum
submitted to the Prime Minister on November, 16, 2001 and expressed similar
vtews.
475

Gazette notification for extension of Direct Taxes was issued in the year .
1988 (to extend from 1989) and to be implemented w.e.f.l.4.1989. Butso far it
has not been implemented in the State of Sikkim.

In a historic sweep across the political arena ChiefMinster Pawn Chamling


played a 'trump card of politics of consensus' taking the entire legislature-
opposition and all off to Delhi. The Mission to get the Centre to tum around on
one of the most sensitive issues in post-merger Sikkim, the imposition of Central
Direct Taxes in the State.

Chamling had pulled off quite a coup when he got archrival Nar Bahadur
Bhandari to agree to sign a common Memorandum from the entire legislature
saying that the Direct Taxes (Income, Wealth and Gift) ought not be implemented
in Sikkim.

1
On 6 h November, 2001 a historic resolution was passed in the State
Legislative Assembly in its 2-day session. It is a victory for Sikkim Democratic
Front, as much as it is a victory for the people of this State, an expression of their
inner desire and Chamling defined it as a new chapter emerging in Sikkim politics.
Many people even opposition tells that there is need for more of this kind of
consensual decision-making and the main opposition party, Sikkim Sangram
Pari shad headed by N ar Bahadur Bhandari, made a history in Sikkim Legislature.

The historical event took place on 6th November, 2001 on the concluding
\
day of a 2-day session of the Sikkim Legislative Assembly. The Chief Whip of
the Government K.N.Rai of Sikkim Democratic Front Party moved a resolution
seeking a unanimous endorsement of a memorandum given by the State to the
Centre, which urged the Union Government to withdraw its earlier notification for
extension of Central Tax laws in Sikkim. Th~ State Government argued in the
memorandum that the move tantamount to watering down the special status and
identity of Sikkim, as envisaged in Article 371F of the Indian Constitution. In
476

particular article 371F(k) gliarantees continuity of all pre-merger (old) laws of the
State including Sikkim Income Tax Manual, 1948. Further it urged the Centre to
retract the enforcement of Income Tax Act, 1961 in Sikkim as a necessity for
Sikkim's emotional integration to the mainstream of India. As it was moved on
the floor of the House the leader of the Opposition N ar Bahadur Bhandari
supported it and called for joint efforts to prevent extending the Central Taxes in
the State of Sikkim. Welcoming the constructive opposition's role, on behalf of
the people of Sikkim the Chief Minister, Pawn Chamling requested in a letter to
Prime Minister of India on November, 24, 2001 with a request for review and
withdrawal of Direct Tax Laws in Sikkim with a strong belief that the safeguards .
given to Sikkim in regard to protection of old laws (prior to 26.4.1975) including
the State Income Tax Manual, 1948 to continue.

Yet another feather in the electoral victory for Pawan Chamling and SDF
Government was the success in the Panchayat election held on 9th October, 2002 36 •
That was a unique election. Many members of the Panchayats were declared
elected uncontested and the fight was between candidates of SDF and
independents. Even the independents belonged to SDF as because they were not
able to get party tickets. No other regional party and national party contested this
election. However, it was 100 per cent success for SDF. 1 Later in November, 2002
the election too the Sabhapati and Upa Sabhapati to both Panchayats and Zilla
Panchayats were conducted. The number of wards, gram Panchayats and Zilla
Panchayats were territorially reorganised along with 33 ·per cent reservation for
women in this election.

It is also interesting to note that Pawan Chamling has worked as Chief


Minister. of Sikkim under more than three to four Governors. On 25th October,
2002 V. Rama Rao took over as 12th Governor of Sikkim. Therefore, his relation
with the Gubernatorial office and the ·Centre always seem to be cordial.
477

On 25th October, 2002 three of the defected MLAs of Sikkim Sangram


Parishad were officially allowed to join SDF at Mintokgang- the official residence
of the Chief Minister of Sikkim. They were N.K.Pradhan, J.K. Bhandari and
Sonam Dorji Bhutia. Now the strength of SDF rose to 31 in the House of 32
members. Nar Bahadur Bhandari of SSP remains the lone opposition leader of the
House.

Another achievement of SDF Government is that Rajya Sabha passed the


37
Bill on Sikkim's inclusion in North Eastern Council and to be sent to Lok
Sabha for formal assent. Sikkim becoming a member of NEC does not affect the
safeguards guaranteed under article 371.F. ofthe Constitution of India.

Pawan Chamling has been a forerunner in the empowerment of women in


the State of Sikkim. To him God resides in women and women are worshipped.
He stresses upon giving due respect to women rather than to be considered as an
38
object.

The long felt desire of Tamangs and Limboos was fulfilled and the Lok
Sabha cleared the deck for tribal status to them. Similarly, the Gurungs, Rais
39
Bhujel, Manger, Sunwar and others will also be given tribal status soon.

A major achievement of SDF Government is to kick off Janta Mela. The


biggest ever welfare for Sikkimese poor 40 . Many poor people received all kinds
of benefits such as housing schemes, land and landless (Sukhumbasi), Chief
Minister's self-Employment Scheme, gas stoves, old age pension etc. as because
the year 2002 is the year of implementation - an outreach programme of the party
- to assess the ground realities at the grass roots - alleviation poverty and to uplift
everyone - a golden opportunity in the golden age of Sikkim to foster good will as
well as to move forward. Thus Pawan Chamling's vision is to make Sikkim a
model State of India- a dream sure to come true.
478

To sum up precisely, achievements of splendid Sikkim on a platter under


the leadership ofPawan Chamling and SDF are:

)> En cashing the potential in Hydel power resources

)> 70% of the state budget spent in rural development

)> Consolidation of judicial infrastructure through out the State

)> Grant issued for 40,000 homeless families

)> Employment for the local people

)> 50% rebate on electricity charges for rural households

•)> Crime rate lowest in the country

)> Reduction of non-plan and unnecessary expenditure

)> Top per capital income in the country

)> Preparation of plan of action for children

)> Empowerment of women through improved participation

)> Strict and sincere concern for environment

)> Improved road connectivity to the remote comers

)> Planning for satellite town and super markets

rJf- )> Providing top priority to the education sector

)> Compulsory computer educ'ation in secondary level

)> Much improved health sector with preventive medicine facility


479

~ Decentralisation through active Panchayat Raj

~ Establishing consistent work culture

~ Multifarious plans of tourism development

~ Introduction of IT in governance and other sector

~ Up gradation ofPaljor Stadium

~ Revenue through Sikkim lottery, Lotto, Play Win etc.


480

Notes and References

1. . SIKKIM, Sikkim Government Gazette (Ext Gaz) No.23, March, 8, 1985,

Gangtok, Sikkim Govt. Press, p.1.

2. SIKKIM, Sikkim Government Gazette (Ext Gaz) No.40 March, 25, 1985,
p.l.

3. SIKKIM, Sikkim Government Gazette (Ext Gaz), Nov, 23, No.120,


Gangtok, Sikkim Govt. Press, 1989, p.1.

4. SIKKIM, Sikkim Government Gazette (Ex{ Gaz), No.123, Dec. 1, 1989,


Sikkim Govt. Press, p.1.

5. Sikkim Express, Oct 31-Nov 7, Gangtok, Himalindia Photo offset, 1991.

6. Sikkim Express, Feb, 1-23, Gangtok, Himalindia Photo offset, 1992.

7. Sikkim Express, Feb 9-15, Gangtok, Himalindia Photo offset, 1990.

8. SIKKIM, Sikkim Government Gazette (Ext.Gaz) No.54, 1, June, 1992,


Gangtok, Sikkim Govt. Press, 1992, p.1.

9. SIKKIM, Sikkim Government Gazette (Ext. Gaz) No.55, June, 1, 1991,


Gangtok, Sikkim Govt. Press, p.1.

10. Kazi, Jigme N., Inside Sikkim Against the Tide, Delhi, Photo Offset
Printers, 1993, p.309

11. Sikkim Express, August, 15-22, 1992 Gangtok, Himalindia Photo Offset.

12. The story of corruption, ME-morandum to Prime Minister, Formation of


Sikkim Democratic Front and its strengthening is a strong opposition by
lone member Pawan Chamling etc, were based on the narration made by
481

B.B.Gooroong. The Sikkim Democratic Front Bulletin-4, Vol.1, June 1994;


New Delhi, Print Shoppe.

13. SIKKIM_, Report on the Genera( Election to Sikkim Legislative Assembly,


1994, Gangtok, Sikkim Govt. Press, 1995, pp 1-3.

14. Constitution: Sikkim Democratic Front: New Delhi, Print Shoppe, p.1. Also
see Chakaravarthi K.R. 'The Rise of Sikkim Democratic Front, its coming
to power and performance' Sikkim Express, Vol.XXI, No.9, March 9-15,
1996, Gangtok, Himalindia Photo Offset, 1996.

15. Ibid

16. For details see: Report on General Election to Sikkim Legislative


Assembly, 1994 Op.cit., pp.2

17. Sikkim Democratic. Frontko Goshna Patra, Sikkim Legislative Assembly


Election 1994, Siliguri, Das Offset, 1994 (in Nepali) pp. 24.

18. For more details see Report on General Election to SLA 1994, Op.cit. pp
20-2.

19. Lama J.B. 'Pupa to Butterfly', The Statesman, 15, July, 2002.

20. Himalayan Guardian, Vol.I, No.5, 14 Dec 1994, Gangtok, Hill Media
Publications, pp 1,3 & 4.

21. Sikkim Express, Dec, 10-17, 1994, Gangtok Himalindia Photo offset, 1994.

22. Chakaravarthi K:R. 'The Rise of Sikkim Democratic Front, its coming to
power', Sikkim Express, Vol XXI, No.9 March 9-15, 1')96, Gangtok,
Himalindia Photo Offset, pp 2 & 3.

23. Ibid
482

24. SIKKIM, Sikkim Government Gazette (Ext. Gaz). No.158 Aug 2, 1997,
Gangtok Sikkim Govt. Press, p.1. In the exercise of the power vested in the
Article 164( 1) of the Constitution of India and subsequent to the advice of
the Chief Minister the then Governor of Sikkim Chaudhary Randhir Singh
ordered that P. T .Lepcha should cease to be a member of Council of
Minister.

25. For details please see Congress I, SSP Sikkim Democratic Front
Manifestoes - 1999.

26. For details see Report on General Election

To Lok Sabha & Assembly 1999 Op.cit.,

pp 30.36

27. Sikkim. Sikkim. Govt. Gazette (East Gaz), No.222,

11th October, 1999, Gangtok, Sikkim Govt. Press p.1.

28. The then Vice President of India K.R.Narayanan conferred Pawan


Chamling with the Bharat Shiromani award in March, 1997- for fostering
emotional integration of the people of Sikkim with the rest of the country
and bringing them to the national mainstream for having been
overwhelmingly voted into power by dint of his hard work and strong sense
· of determination coupled with his charismatic leadership for being ardent
beholder of the rule of law and democratic values. Himalayan Guardian,
~ Vol, No.52, March 10-17, 1997, Gangtok, Hill Media Publications, p.l.

29. Sikkim, Sikkim Genuine Commitments Unique Achievements (IPR),


Gangtok, Sikkim Govt. press, 2001, p.xv.
483

30. 'Taking the Lead', Down To Earth (Science and Environment Fortnightly),
Vo1.7, No.18, Feb.15, 1999, PP.23-27.

31. Sikkim Commitments Unique Achievements Op.Cit., pp.VI & VII

32. For further details on achievements and developments see Ibid.

33. For more details see Ibid.}

34. After Sikkim became the 22nd State of the Indian Union in the year 1975, it
was made a member State of the Eastern Zone comprising the States of
Bihar, West Bengal and Orissa vide S.0.778(E) Gaz. Of India, 1976 Pt.II.
S.3(ii) Extraordinary. In order to include Sikkim in the North East Council;
the North Eastern Council Act, 1970/71 needs to be amended by
Parliament.

35. SIKKIM, A White Paper on Inclusion of Sikldm in the North Eastern


Council, Gangtok, Sikkim Govt. Press, 1998

36. SIKKIM, Government of Sikkim Notification 0/0.the Chief Secretary,


No.38/Home/2002 dt. 9.9.2002, file No.35(10) 2002-2003/RDD/p.1

37. SIKKIM, Sikkim Herald, Vol.XLVL No.51, Dec.5. 2002, Gangtok Sikkim
Govt. Press, p.1

38. SIKKIM, Sikkim Herald, Vol XL VL No.50, Nov.29, 2002, Gangtok,


Sikkim Govt. Press, p.l.

..
I
, 39 . SIKKIM, Sikkim Herald, Vol.XLVL, No.53, Dec.20, 2002, Gangtok, Sikkim
Govt. Press, p.l.

40. Ibid ., p.l

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