08 Chapter 04 PDF
08 Chapter 04 PDF
CHAPTER--: IV
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
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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.
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).
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
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
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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
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
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.
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
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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 .
Beyond 5000 meter or so vegetation is seldom found as the few that tend
to come up are covered by debris and snow.
FORSIKKIM
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.
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THELEPCHAS
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.
Sikkim. In the Sikkim Legislative assembly, 12 seats are reserved for Lepchas
and Bhutias.
THEBHUTIAS
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 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.
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~
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~
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.
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
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.
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
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
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
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
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)
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
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.
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.
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
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
Education Institutions :
Per capita expenditure on Medical Public Health & Family Welfare 1998-99 :
513.9
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.
Sikkim number & percentage of population below poverty line & Rank
1993-94 1999-2000 ..
Rural Urban
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
Ednl Institutions/Enrolment
1486 Pre Primc;.ry to Senior Secondary: 1486- 1,40,749 students
Degree level (As on 31 /3/2000) 1908
Police Stations: 28
Religious Institutions:
Monasteries- 88
Temples -178
Mosques-06
Churches-30
Mani Lakchangs-159
Tsamkhangs-32
Gurudwaras-2
Sai Baba Mandir-1
Transportation
Fleet Strength of SNT Buses 138 (1999-2000)
Taxis-
Jeeps- 2001
Govt. Vehicles: 2001
PVTVehicles 6462 1999-2000
Two Wheelers: 4047
Sources:
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.
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.
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.
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
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.
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.
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.
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.
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.
supply of free labour, transport, fodder etc., to the Royal family of Sikkim as
and when they visited or passed through their areas.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
Once again, Sikkim agog with the furtive is planning by the different
political parties deploying their own strategy to fight the coming General
81
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
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.
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.
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.
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
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.
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
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.
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.
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.
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
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."
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.
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.
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.
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.
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.
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.
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.
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."
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."
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
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.
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.
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
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."
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.
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
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
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
August 15: Sikkim State Congress and Janata Party decide to merge.
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.
March 31: Joint Action CounCil (JAC) is formed. Memo submitted to the
Chogyal.
. 114
Apri16 to 8: Revolt spreads in the rural areas. Govt. buildings are taken
possession. Janata Raj ·declared.
1974
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.
June 28: Emergency session of the Bill again passes. the Government of
Sikkim Bill.
115
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 30: Prime Minister Mrs. Indira Gandhi announces Associate State
status to Sikkim in Congress Parliamentary Party meeting.
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.
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.
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.
26-4-1975 The appointed day: Sikkim became the 22nd State of the Indian
Union ..
Gye-Bumsa
Jowo-Nagpo
I
Guru Tenzing
Sikkim
I·
Maharaj Kumar Maharaj Kumar Maharaj Kumar
K.P. Namgyal Palden Thondup Namgyal J.T. Namgyal
Died 1941 Born 1923
The 12th Chogyal ofSikkim
Chogyal 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."
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.
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.
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
. 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.
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.
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.
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.
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.
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
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.,
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
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.
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.
21. 'Cabinet Okays Draft Bill on Sikkim', Amrita Bazar Patrika, April20,
1975.
129
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
'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 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.
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
Sikk:imese relations could grow completely breaking away from the legacy of
the past.
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.
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.
Dyarchy:
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.
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 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:
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.
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.
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.
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.
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.
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
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 :
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;
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".
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:
7. The Chogyal shall perform the functions· of his high office in accordance
with the Constitution of Sikkim as set out in this Agreement.
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 :
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
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.
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.
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.
4. Bakshi K.M., The Constitution ofIndia, New Delhi, Universal Law Co. Pvt.
Ltd., 2002 pp.318-320.
150
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
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
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 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
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.
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
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
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
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
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
·'
Legislative Powers
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
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
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.
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.
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 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
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
S.M. Limboo and Pawan Chamling seem to be cordial. Since 1994 Pawan
Chamling has promoted good relations with about four Governors.
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
.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.
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.
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.
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.
3. Sinha, N.C, "Chogyals of Sikkim" Bengal Past and Present, Vol. XCIII,
· Part-I, No.175, January -April, 1974, p.4.
9. Ibid, p.3.
14. Ibid.,
15. P.P. Karan and W.M. Jenkins Jr., The Himalayan Kingdoms_: Bhutan,
Sikkim and Nepal, Princeton, 1963, p.59.
18. Administration Report of the State of Sikkim for the year 1933-34, p. 31.
21. Sikkim Government Communique, Gangtok, dated the 7th June 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.
29. Ibid.
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.
37. Ibid.
38. Ibid.
39. Ibid:
42. Ajko Sikkim, Bulletin No.2 of the Sikkim National Congress, dated
26.1.1972.
48. Sikkim State Service and Provident Fund Rules, Part-IV, rule 56. p.14.
179
53. Office Order No.S/76/54 dated 22.11.1954, Sikkim Darbar Gazette, Vol.
IV, No.5 & 6, October-November, 1954.
58. Office Order No.A/91 dated 5.11.1957, Sikkim Darbar Gazette, Vol. VII,
No.6 November, 1957.
73. Datta Roy S.K., "A new State is born-11", The Statesman, dated
28.4.1975.
74. Ibid.
77. Datta Roy S.K., "New· Order in Sikkim -II. The need for early
reconciliation." The Statesman, dated 5.5.1974.
78. Ibid.
84. Broader News and Views, Vol. I No.1, October, 1977, Gangtok,
Impression, p.9.
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.
92. Broader News and Views, Vol. I, No.5 February, 1978, Gangtok,
Impression, p.34.
182
Administration In Sikkim
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
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
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
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
2. Horticulture
3. Animal Husbandry
4. Forests
5. Cooperation
7. Power
8. Cottage Industries
12. Education
14. Communications
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
13. Housing
14. Publicity
15. Culture
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 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•
Panchayatiraj in Sikkim
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).
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.
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.
from tradition to modernity and still cherishes over to safeguard the heritage of
glorious past.
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.
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. ·
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 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
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.
North 18 41 92
The total members of each Gram Panchayat will not be less than 5 and
not more than 9 (6).
Table 2.
Elakhas 23 10 16 7
Block under 68 60 66 19
Panchayat
units
No. of Gram 48 49 42 20
Panchayats
Zilla Parishad, 27 22 23 20
Territorial
Constituencies
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
1. Pendam WestPendam
4. Sumin Lingje
-
5. Sumin Sumin, Mangthang
204
6. Pakyong Namcheybong
3. Lingmoo Lingmoo
6. NiyaBroom NiyaBroom
I
32. Turuk Sumbuk Rabitar Sadam
5. Tashiding Tashiding
2l3
6. Khechopheri Gerethang
8. Khechopheri Yoksum
Schedule "B"
2nd 1968
3rd 1971
4th 1974
6th 1987
7. R.Ongmu 1993
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
Panchayats across the State who have performed exceedingly well in the
last term were presented "Panchayat Shree" awards by Chamling (IZ).
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.
The total wards where elections will be held in 485 as per district-wise
break-up given below.
221
Zilla Panchayat
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
M F T M F T M F T
West 33 58 16 74 25 8 33 3 - 3 30 8 38
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
:
(88.5F%) (11.41%) 12/1
!Bemayak
GPW
I, I(89.38%) I
Zilla Panchayat
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.
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
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
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
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
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. '
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.
6
By 1967 the number rose to 24 and the split- up was as follows :
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.
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.
'
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 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 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
This Act allotted one seat in the House of the People (Lok Sabha) and one seat in
the Council ofthe State (Rajya Sabha).
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.
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.
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.
· 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.
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.
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.
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.
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
1. The essential considerations set out in part (a) above reqmre the
establishment of a Constitutional and administrative frame work which
guarantees:
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
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:
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.
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:
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.
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.
"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.
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:
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.
4. Coelho V. H. Sikkim and Bhutan) New Delhi, Vikhas Publications, Delhi, p.29
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.
9. Sikkim, Sikkim Durbar Gazette (Extraordinary Gazette) Vol. V No. 12th May.
1956, Gangtok, Sikkim Govt. Press.
251
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.
15. See the Constitution (Thirty-sixth Amendment) Bill, 1974 Appendix -IV.
ELECTIONS IN SIKKIM
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,
2. North-Central constituency-covering all areas of the East other than the areas
of Gangtok constituency
In the above election the voting behaviour reflected the community bias of the
· thre.e ethnic communities and religion.
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.
Sangha , 1 (1) 2 1
constituency
Total 5 13 13
Source: Sikkim. Sikkim Darbar Gazette, Gangtok, Sikkim Govt press.,Vol. VIII
No 7, October 1958.
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
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.
6 Nominated by Chogyal
24 Members.
Besides 1 each for Tsongs, Scheduled castes and General, the five territorial
Constituencies were : Comprising of Constituency 11
257
Table-V
Table-VI : Results
Total 18 seats
National Party 5
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
National Congress 5
J anta Congress 2
Sangha 1
Total 18
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 .
The Election of the New Assembly of Sikkim was based on the proclamation of
Sikkim subjects 18 , 1974.
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:
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
Independents 0
Total 32
262
Source: Sikkim, Sikldm Darbar Gazette, No: 55, April30, 1974, Gangtok, Sikkim
Govt. Press, 1974
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.
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.
2 Nepalese 15
264
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.
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.
CONSTITUENCIES
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
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.
1 SJP 16
2 SC(R) 11
3 SPC 3
5 Janta Nil
7 CPM Nil.
8 Independent (Sangha) 1
Total 31
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.
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)
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
The SSP contested both Lok Sabha and Sikkim Assembly elections 1984-85 on
the following five main issues.
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.
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
Campaigning Style
1 SSP 30
2 Congress 01
3 Independent 01
Total 32
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.
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.
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.
The Rise of Sikkim Democratic Front (SDF) Its coming to Power and
Performance
274
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.
4. Independent(lJLF) 01
Total 32
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
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
Sangha 51 0 51 3278
(R!LAMAS/MONKS) (MONASTERIES) LOWEST
UR: Unreserved. R. Reserved BL: Bhutia-Lepcha (ST). SC. Sch. Caste: NEPALESE
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.
17 - open/General seats
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
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.
Lok Sabha. Once again Bhim Prasad Dahal of SDF maintained a record margin
and won against INC and Independent candidates.
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:
!
Some striking programmes and policies of the ruling Sikkim Democratic Front are
elaborated below.
• 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.
• 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.
status at the decision making level in various matter concerning the problems
ofNorth-East States and 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.
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 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:
• 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 extend full facilities for students those who aspire to study outside the
state.
• 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 take up the matter with the center for providing all economic facilities to
Sikkim as extended to other North-Eastern states.
.• To resist and fight tooth and nail the imposition of direct taxes on the
people of Sikkim.
Votes Winner
17. Central Pendam 4329 4575 102 SSP Sang Dorjee Tamang
Pradhan
Source : Sikkim Herald, Vol. XLIII, No. 62 October, 99; Gangtok, Sikkim Govt.
Press, 1999.
WEST
SOUTH
EAST
NORTH
EAST
Sherpa
In 1994 & 1999 Elections Mingma Tshering Sherpa was the first Sherpa candidate
elected from B.L. constituency.
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.
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.
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%.
Table-XXI
Source: The Nation,Vol. IV, No. 68, 28, March, 1983, Gangtok.
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.
Source P.K. Pradhan, Report on the Tenth General Election to the House of the
297
Source : Ibid.,
Source : Ibid.,
Source : Ibid.,
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.
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 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 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
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
03 04 05
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.
10. Jorethang 9476 7094 134 4137 58.32 2738 38.60 64 0.90
14. Melli 7818 5684 106 3767 66.27 1783 31.37 28 0.49
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
22. Khamdong 8637 5809 149 3796 65.35 1808 31.12 53 0.91
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
28. Rumtek 10440 6229 72 3367 54.05 2660 42.70 125 2.01
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
Table-XXIX : Results
Party Candidate c·
Votes polled
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.
West
South
East
311
North
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.
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
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
Sikkim was the first in India to introduce Electoral Identity Card (since 1979)
though it was not made compulsory.
gave a verdict and elected SDF to come back to power with three-fourths majority
to establish a strong and stable government in Sikkim.
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
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.
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.
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.,
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.
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.
26. Sikkim Democratic Front Ghoshna Patro (Nepali), 1994, Siliguri, Das
Offset, 1994, pp 24.
28. Sikkim Democratic Front Chunav Patro. (Nepali) New Delhi Print Shoppe,
1999.
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
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
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.
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
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.
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.
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.
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.
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.
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 after a decision has been given the parties wish to compound between
themselves, one-half of the fine only is imposed.
5. Grave offence
a. Murder of mother,
c. Murder of father,
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.
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.
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.
9. Murder
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.
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 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.
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.
11. For those who are false and avaricious the following oaths are required ·
330
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$,'
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 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.
children are going to school, their expenses must be taken from the whole before
decision.
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.
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 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.
(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.
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. '
1. Son
5. If only distant relatives, they only receive a portion, a portion going to the
Lamas and the remainder to Government.
337
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.
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 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.
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
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 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.
pp 46-56. And also see Sikkim, Report on Sikkim Customary Laws and usages
(pt. 1), Gangtok, Law Commission of Sikkim, 1990.
·(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
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
(
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.
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.
5. Registrar : 1 (one)
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.
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
North) MACT 1
(mise: cases)
MACTExe. 1
Cases
P.C. Act 15
P.C. Act 1
(Misc.)
(c) CJJM 14
(North)
(South)
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.
The following table is self explanatory to highlight the cases tried by the High
Court of Sikkim from 1980 to 2001.
12001 1 62 77 84 55
359
, 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
2. 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. Submission of returns;
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.
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
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
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.
1974 1979
15 B-L.Seats B-L.Seats 12
(Nepalese)
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 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.
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.
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.
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
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.
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.
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).
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.
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.
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:-
Citizenship: For the people rendered Stateless in Sikkim and to fix the cut
offyear 1970.
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 :-
P.T.Lepcha 495
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
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
Sanchaman Limboo
Thukchuk Lachungpa
Taramani Rai
14
Sonam Dupden Lepcha
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
SSP 94,078
RSP 11,472
Denzong 298
Chogpa
Independents 3,647
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
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 .
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
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.
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..
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 '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).
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.
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.
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.
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
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
Athup Lepcha;_ Forests, Tourism, Local self Government and Mines and
Geology.
7. Sikkim, Sikkim Govt. Gazette (Ext.Gaz) No.2, Jan, 10, 1980 Gangtok,
Sikkim Govt. Press pp.2
11. Sikkim Sangram Parishad Election Manifesto (1984) Siliguri, Ink print,
1984; Chakravarthi K.R. ' Sikkim Recent Political Trends'.
394
12. Pradhan P.K. Report on the Tenth General Election to the House of the
People, Gangtok, Prarna, 1991, pp 34-42.s
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.
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
'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.
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.
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'.
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
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.
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 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.
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:
National integration;
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 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 :
To enact local protection act for a broad based son of the soil policy;
To restore seat reservation for Nepalese and the Tsongs in the Legislative
Assembly;
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 protect the rights of the permanent employees who are from outside the
State;·
. .
To gtve priority in matters of educational and sociO-economic
development;
....... · 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
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.
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.
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.
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.
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.
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
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.
• 70% of th:e total budget of the Government was earmarked for the development
of rural areas to remove poverty.
• 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.
• 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.
• 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.
• 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.
• 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
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);
• .License for the business activities in rural areas for all Indian people of
Sikkimese origin;
• 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;
• Grant of old age pension to 100 eligible persons from each of the 32
Constituencies of the State;
• Ostentatious display of portrait of the Chief Minister in the offices has been
done away with;
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
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.
Independents :09
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:
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.
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.
The Congress (I) viz. Indian National Congress contesting the elections
released its Manifesto in a Press Conference.
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:-
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 extend full facilities for students those who aspire to study outside the
State.
I
~-
To provide adequate facilities and so promote sports career to sportsmen
and women.
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 take up the matter with the Centre for providing all economic facilities
to Sikkim as extended to other North Eastern States.
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 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.
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.
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 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
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.
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 people of Darjeeling Chamling said Gorkhaland is the sole alternative solution
and supported Gorkhaland movement.
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.
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
West 22 21 1
South 23 18 5
East 27 19 8
North 20 13 7
441
Gram Panchayat
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.
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 ELECTORATE
(ASSEMBLY CONSTITUENCY-WISE)
NO.&NAMEOF ELECTORS
~
6. Rinchenpong(BL) 3725 3601 7326
Press. p.21.
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 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
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 •
Cabinet Ministers:
Hishey Lachungpa
K.B. Chamling
R.B. Subba
P.S. Tamang
S.B. Subedi
Ministers of State:
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.
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 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.
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.
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
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.
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.
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.
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 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.
However, under this law the government has the power to relax the prohibition
and allow the land to be used in the state.
S.Sen Member
A. Lahiri 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. ,
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.
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.
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.
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 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.
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.
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.
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
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.
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
Old Laws Protected Under Article 371F(k) of the Constitution whether they
will be diluted in any manner:
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.).
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-
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.
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.
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.
2. SIKKIM, Sikkim Government Gazette (Ext Gaz) No.40 March, 25, 1985,
p.l.
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.
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
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.
pp 30.36
30. 'Taking the Lead', Down To Earth (Science and Environment Fortnightly),
Vo1.7, No.18, Feb.15, 1999, PP.23-27.
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.
37. SIKKIM, Sikkim Herald, Vol.XLVL No.51, Dec.5. 2002, Gangtok Sikkim
Govt. Press, p.1
..
I
, 39 . SIKKIM, Sikkim Herald, Vol.XLVL, No.53, Dec.20, 2002, Gangtok, Sikkim
Govt. Press, p.l.