LIMBOO-TAMANG SEAT RESERVATION ISSUE GANGTOK: Even as the Opposition parties in the State have been levying allegations against the State Government for not taking a proactive stance in the case of reservations of seats for the Limboo-Tamang communities in the State Assembly, RB Subba, Minister, Law, Industry, Commerce, Parliamentary Affairs & Tourism has made it clear that the matter of seat reservation was now in the hands of the Parliament.
“As far as the issue of the reservation of seats is concerned, it is beyond the jurisdiction of the State Government and the Sikkim Legislative Assembly. Reservation of 12 seats for Bhutias and Lepchas of Sikkim is not an ordinary arrangement, it is a Central Legislation. The provisions of this legislation will continue till they are revised or repealed. And that can only be done by the Parliament,” Mr. Subba has said in a press statement.
Mr. Subba has tried to explain the entire process of seat reservations by saying that the limit of reservation should not exceed beyond 50 percent. “A clear verdict to this effect has been delivered by the Supreme Court in a case Sawney vs. Union of India. The Supreme Court is a constitutional body and its verdict is final and binding,” he has said.
Keeping this in view, the SDF government has passed a resolution to increase the present seats from 32 to 40 and has placed the same before the Central Government. This demand is presently under the active consideration of the Central government, Mr. Subba said.
“The Chief Minister Pawan Chamling has also written a letter requesting the Central government to immediately conduct a special census to determine the population of Limboos and Tamangs in the State. Before this is completed and the population of these communities ascertained, it would be premature to propose any number of reserved seat for these communities. This is a legal procedure,” he said.
“According to the present status of the reservation of seats in the SLA, out of 32 seats, 12 seats have been reserved for BLS, one for Sangha and two for SC totalling 15 seats. In this situation, under the Constitution, reservations for one seat can only be proposed which will not be acceptable to the Limboos and Tamangs brethren. We are of the firm opinion that Limboos and Tamangs will get due justice as far as the seat reservation of issue is concerned. Therefore, we are trying our best to get the seats of SLA increased from 32 to 40,” the minister has said.
Mr. Subba has further explained that the seat reservation for the SC has been done under the Article 332 of the Constitution. “The seat reservation is a Central subject. Even then the State government, on its part, has been doing its best under the leadership of Mr. Chamling. It is ironical that those people or the group of people who in 1987 and onwards have been demanding tribal status to Limboo and Tamang communities, had opposed the same demand. How come these same people are now demanding it now? This is their double standard and the people of Sikkim should aware of this. It was the Sangram Parishad government which had rejected tribal status to Limboo and Tamang in 1987,” he said.
“The SDF government is honest in its letter and spirit. It is due to the consistent efforts of the SDF government that Limboo and Tamang have got their tribal status. One must not take this big achievement of the SDF government lightly. This has to seen in a positive manner and the people have to take the things in the right perspective and give befitting reply to those who unnecessarily are criticising the Government’s genuine efforts,” the minister said.
“Some sections have been raising their voices as to why the reservation of seats of Limboo and Tamang has not been done. Instead of uttering irresponsible statements, they must first take legal advice. They have to first look into the essence of the Tripartite Agreement of 8 May, which is the foundation of the Article 371F of the Constitution. They should also look into the People’s Representative Act of 1951. Every government, party or any association is run under its gambit. Likewise, the frame work of the Delimitation Commission is based on our Delimitation Act, 2002. And there is a legal binding to get the delimitation done under the provision of this Act. Since this legislation has been enacted in 2002, the Commission cannot act beyond its jurisdiction,” he said.
The Delimitation Act 2002 being a central law, the SLA has no jurisdiction or power to make any change to it, he said. “Even then within the jurisdiction of SLA, a resolution to this effect has already been passed and submitted to the Centre.”
As far as the question of 8 seats out of 9 from West Sikkim is concerned, according to population this should have been only 7 seats but the State government has with its own effort increased one seat and made it to 8, he informed.
“As far as the issue of the reservation of seats is concerned, it is beyond the jurisdiction of the State Government and the Sikkim Legislative Assembly. Reservation of 12 seats for Bhutias and Lepchas of Sikkim is not an ordinary arrangement, it is a Central Legislation. The provisions of this legislation will continue till they are revised or repealed. And that can only be done by the Parliament,” Mr. Subba has said in a press statement.
Mr. Subba has tried to explain the entire process of seat reservations by saying that the limit of reservation should not exceed beyond 50 percent. “A clear verdict to this effect has been delivered by the Supreme Court in a case Sawney vs. Union of India. The Supreme Court is a constitutional body and its verdict is final and binding,” he has said.
Keeping this in view, the SDF government has passed a resolution to increase the present seats from 32 to 40 and has placed the same before the Central Government. This demand is presently under the active consideration of the Central government, Mr. Subba said.
“The Chief Minister Pawan Chamling has also written a letter requesting the Central government to immediately conduct a special census to determine the population of Limboos and Tamangs in the State. Before this is completed and the population of these communities ascertained, it would be premature to propose any number of reserved seat for these communities. This is a legal procedure,” he said.
“According to the present status of the reservation of seats in the SLA, out of 32 seats, 12 seats have been reserved for BLS, one for Sangha and two for SC totalling 15 seats. In this situation, under the Constitution, reservations for one seat can only be proposed which will not be acceptable to the Limboos and Tamangs brethren. We are of the firm opinion that Limboos and Tamangs will get due justice as far as the seat reservation of issue is concerned. Therefore, we are trying our best to get the seats of SLA increased from 32 to 40,” the minister has said.
Mr. Subba has further explained that the seat reservation for the SC has been done under the Article 332 of the Constitution. “The seat reservation is a Central subject. Even then the State government, on its part, has been doing its best under the leadership of Mr. Chamling. It is ironical that those people or the group of people who in 1987 and onwards have been demanding tribal status to Limboo and Tamang communities, had opposed the same demand. How come these same people are now demanding it now? This is their double standard and the people of Sikkim should aware of this. It was the Sangram Parishad government which had rejected tribal status to Limboo and Tamang in 1987,” he said.
“The SDF government is honest in its letter and spirit. It is due to the consistent efforts of the SDF government that Limboo and Tamang have got their tribal status. One must not take this big achievement of the SDF government lightly. This has to seen in a positive manner and the people have to take the things in the right perspective and give befitting reply to those who unnecessarily are criticising the Government’s genuine efforts,” the minister said.
“Some sections have been raising their voices as to why the reservation of seats of Limboo and Tamang has not been done. Instead of uttering irresponsible statements, they must first take legal advice. They have to first look into the essence of the Tripartite Agreement of 8 May, which is the foundation of the Article 371F of the Constitution. They should also look into the People’s Representative Act of 1951. Every government, party or any association is run under its gambit. Likewise, the frame work of the Delimitation Commission is based on our Delimitation Act, 2002. And there is a legal binding to get the delimitation done under the provision of this Act. Since this legislation has been enacted in 2002, the Commission cannot act beyond its jurisdiction,” he said.
The Delimitation Act 2002 being a central law, the SLA has no jurisdiction or power to make any change to it, he said. “Even then within the jurisdiction of SLA, a resolution to this effect has already been passed and submitted to the Centre.”
As far as the question of 8 seats out of 9 from West Sikkim is concerned, according to population this should have been only 7 seats but the State government has with its own effort increased one seat and made it to 8, he informed.
