Saturday, April 10, 2010

Silence of Sikkimese society is ominous: Chamling


SE Report

GANGTOK, April 8: “The Sikkimese Janta has not given a serious thought on how Sikkim is progressing towards a bright future due the stand taken by the SDF party and government. Nobody has seriously thought on this”, regretted party president and Chief Minister Pawan Chamling today during a function at the SDF party head-office here.

Chamling was briefing the gathering of contesting and unopposed party candidates for the civic polls about the principles and discipline of the ruling front.
Congratulating the 44 party candidates who have gone unopposed in the municipal elections, the Chief Minister said that elections are a part of the democratic exercise. “Elections are being held for the first time for the municipal bodies in Sikkim which is a historic event. The elections should have been held much earlier but none came up to point out the delay. When the elections were finally announced, they said that it was being conducted in a haste manner”, he said.

Chamling also condemned the allegations leveled by the opposition political parties who have boycotted the municipal polls. Those who have said that the municipal polls are unconstitutional are terming the 73rd and 74th amendment of the Indian Constitution as unconstitutional, he said.
“Yet the Sikkimese society is silent, this silence is ominous,”, Chamling observed.

The ruling front president also directed the designated ward councilors not to lobby for the post of the chairperson, president, mayor or deputy mayor in the municipal bodies. All should accept the decision of the party and contribute towards Sikkim Nirman by fulfilling their responsibilities, he said.
Chamling further directed the urban body representatives to follow the discipline, principles and programmes of the party in the interests of Sikkim and Janta. He also asked them to deeply study the election manifesto of the party.
“The poor people have given birth to the SDF party and we must all work for them”, said the Chief Minister. He said that the party has selected the candidates for the municipal elections after a serious study. We have also given our best to ensure a balance and adequate representations for all, he added.

“We are number one in power decentralization. We have implemented several measures in this direction. Now, it is up to you all how Gangtok, Namchi, Rangpo, Singtam, Mangan, Geyzing and Jorethang will be. Work to fulfill your dreams for your bazaars”, Chamling told the party candidates. It is our plan to make Sikkim a slum free State and we will be distributing the Indira Awas Yojan to the local people on the basis of voter list from this time, he added.

The Chief Minister further informed that the State government has already the resolution passed by the Sikkim Legislative Assembly seeking income tax exemption for the old businessmen community of the State.

“Our detractors are trying to mislead the people. Now you all must save the people from being misled”, appealed Chamling to the party candidates. He also congratulated those independent candidates who withdrew their nomination papers for the municipal elections.

Friday, April 9, 2010

SDF governement violated Article 371 F – SNPP


The Sikkim National People’s Party takes strong exception to the statement made by the Chief Minister that the provisions and safeguards of article 371F are fully protected despite the holding of the Municipal elections in Sikkim. The party draws the attention of the public to the fact that Clause (b)of Article 371F gives recognition to the Assembly of Sikkim elected in 1974 and reads as follows:
(b) as from the date of commencement of the Constitution (Thirty-sixth Amendment) Act, 1975 (hereafter in this article referred to as the appointed day)-
(i) the Assembly for Sikkim formed as a result of the elections held in Sikkim in April, 1974 with thirty-two members elected in the said elections (hereinafter referred to as the sitting members) shall be deemed to be the Legislative Assembly of the State of Sikkim duly constituted under this Constitution;
(ii) the sitting members shall be deemed to the members of the Legislative Assembly of the State of Sikkim duly elected under this Constitution; and
(iii) the said Legislative Assembly of the State of Sikkim shall exercise the powers and perform the functions of the Legislative Assembly of a State under this Constitution;

The Party wishes to reiterate that this Assembly of 1974 was elected with seats reserved for the Sikkimese of Nepali Origin (SNO) and was recognized by the Indian Constitution. Despite this fact the seat reservations for the SNO’s were done away with fraudulently and against the objectives and spirit of the 8th May Agreement of 1973. Despite the fact that the Nepali seats were declared general, for the last three decades there was an “unwritten understanding” that these general seats were for the SNO’s and no political party had come forward to break this understanding. But today the SDF Government by officially giving party tickets to non-SNO’s has not only completely violated the spirit of Article 371F, which calls for equality of treatment among all Sikkimese, but also directly affected the sentiments of the SNO’s, of which the CM himself is a member. It can be seen that the Chief Minister has never taken up the issue of restoration of seat for the SNO’s in the past and now in one blow he has opened the floodgates for a period of turbulence in Sikkimese politics by making the SNO’s even more insecure..

The party has already condemned and boycotted the Municipal Elections due to the fact that Article 371F is being repeatedly violated both in letter and in spirit, and with the distribution of the party tickets by the ruling SDF, a new and dangerous twist has been introduced to the never ending attack on the identity of the Sikkimese with scant regards to the one and only agreement which the Sikkimese people have with the Government of India.

The party therefore resolves:

1. To condemn the recently held Municipal elections as a meaningless exercise and a direct attack on the identity of the Sikkimese of Nepali Origin and appeals to the people of Sikkim to boycott and not co-operate with these new institutions which have been thrust upon the people trampling their Constitutional Guarantees.

source:voice of Sikkim

Friday, April 2, 2010

Nagrik Sangharsha Samiti, Memorandum – Press Release
NAGRIK SANGHARSHA SAMITI
Above Sri Niketan, Mahatma Gandhi Marg, Gangtok, Sikkim 737101

Cell: 09434109760

Phone No. 03592-204008-09212974355



To Date: 13/12/2009


The Chief Minister of Sikkim &

Minister-in-Charge for Home & Finance

Government of Sikkim

Tashiling Secretariat

Gangtok 737 101

Sikkim.



Sub: M E M O R A N D U M

Sir:



You are well aware that the Nagarik Sangharsha Samiti has repeatedly submitted representations and memoranda over the past 15 years with a fervent appeal to treat all citizens residing in the State of Sikkim equally and without discrimination on a vital issue like the grant of Certificate of Identification. Similarly, the Samiti made fervent appeals from time to time over the past few years praying that all citizens residing in the State of Sikkim before 26/04/1975 be treated equally and income tax exemption be secured without discrimination.

2 The stand taken by the State Government on the above mentioned issues of immense concern to the Samiti has been shown in the tabular form as under:



Srl No. Subject Date Remarks

01 Every person who immediately before 26/04/1975, was a Sikkim Subject under the Sikkim Subject Regulation 1961, shall be deemed to have become a citizen of India.


26/04/1975 Vide MHA Order No.

26011 /8 (IV)/75-IC dated 16/05/1975 (Sikkim Gazette No.11 dated 21/06/1975.

These persons have been granted income tax exemption under the Income Tax Act,1961 on the basis of Cabinet Memorandum No.06/Fin/Adm dated 21.08.2007 .

02 Persons (neither Indian

Citizens nor Sikkim Subject

Holders) totaling 73,431 became

Indian citizens vide Notification

No.MHA 26030/36/90-IC.I dated

07/08/1990 and dated 08/04/1991

Issued by Govt. of India.

26/04/1975 As per MHA Order No. 26030/69/88-IC.I dated 20/03/1989 Guidelines. (The State and the Govt. of India agreed that 26/04/75 is the “Cut-off Year”. These persons have been granted income tax exemption under the Income Tax Act,1961 on the basis of Cabinet Memorandum No.06/Fin/Adm dated 21.08.2007.

03 … “all persons who has/had agricultural land in the rural areas and has been ordinarily residing in Sikkim be also brought under the purview of exemption under the Income Tax Act,1961.” Date & year: NIL Resolution No.01 seeking exemption from Income tax for the left out categories of persons, tabled in the Legislative Assembly of Sikkim on 11/12/2009, adopted and voted upon in the House.

04 … “all the old settlers i.e., the business community who have been residing continuously and have permanently in Sikkim prior to the enactment of Sikkim Subject Regulation,1961 be also brought under the purview of exemption granted under the Income Tax act,1961.” 1961 -Do-

05 … “all those person whose father/husband has/had been in Sikkim Government service before 31.12.1969 and who have permanently settle and is continuously residing in the State of Sikkim be also brought under the purview of exemption granted under the Income Tax Act,1961.” 31.12.1969 -Do-

1. In column 02 above, different dates and years have been specified by the Government of Sikkim for the Indian citizens in the State of Sikkim for the applicability and enforcement of the laws. These dates and years specified by the State Government are not only discriminatory but utterly confusing to one and all. In Serial Number 3 column 2 above, no date and year has been specified and this will create unnecessary chaos and confusion. Besides, the State of Sikkim is the only State within the Indian Union where citizens are classified according to different dates and years for the applicability and enforcement of laws. You will appreciate the fact that April 26, 1975 has been agreed to as the “cut off year” by the State and the Central Government and our organisation has repeatedly urged the Central/ State Government to treat all citizens equally and without discrimination taking 26/04/1975 as the base year or cut off year. On behalf of the Samiti, I once again appeal the State Government to treat all citizens of India in Sikkim equally and without any discrimination in the matter of enforcement of laws to persons similarly situated. This will be in consonance with Article 14 of the Constitution of India read with the letter and spirit of Article 371F which came into force on 26/04/1975. I hope and trust that you will take immediate steps to undo the wrong perpetuated for over a decade.


1. Before I conclude, I request you to kindly issue:

(a) an appropriate Order/notification directing the concerned authorities of the State Government to issue Certificate of Identification to all citizens residing in Sikkim before 26/04/1975 treating them equally in the socio-economic and political fields; and

(b) recommend to the Government of India suggesting the amendment to the Income Tax Act, 1961, Sec.26AAA in the manner as under:

“26AAA, in case of an individual and descendents, being a person resident in Sikkim- before April 26, 1975, any income which accrues or arises to him/her.”

Thanking you,
Yours faithfully,




(PREM GOYAL)
Chief Co-ordinator

Nagrik Sangarsha Samiti

Copy to:



1. The Chief Secretary, Sikkim
2.The Principal Secretary, Home Department, Sikkim,
3.The Principal Secretary, Finance, Sikkim, for info. & necessary action pls.
Old Laws of Sikkim will be protected: Chamling

Sikkim Express | www.sikkimexpress.com


01 April, Gangtok: SDF Party President and Chief Minister Pawan Chamling has appealed people to come out in large numbers to exercise their franchise on April 27, the day of voting to elect members to 47 wards of urban local bodies in Sikkim. He also appealed voters to vote in favour of SDF candidates and elect them with a resounding majority.

“When Sikkim joined the mainstream of Indian Union Territory on 16 May, 1975 Gangtok Municipal Corporation was formed with nominated members to run the show. This Municipal Corporation was not constituted within a democratic framework of due process of elections. But the elections which are going to be held on April 27, 2010 will elect their representatives by the people exercising their franchise and their right. Hence , this election will be the first historic exercise which will form Municipal Corporation, Municipal Council and Nagar Panchayats in Sikkim. This will truly empower our urban citizens to participate more fully in local governance to make the State liveable “, said Chamling in his lection appeal.

Mentioning about the demarcated areas of different wards have touched some areas of Gram Panchayats , the SDF president asserted that the old laws of Sikkim will be fully protected.

“SDF party wants to make it clear that the old laws of Sikkim, protected by Article 371 (F) of Indian Constitution and the provisions of Revenue Order No.1 will be fully protected. The rules and regulation that would be formulated to govern the Corporation , Council and Nagar Panchayats will not in any form dilute the Sikkim’s distinct identity and special rights. They will also preserve and protect the old laws of Sikkim, said Chamling.He also added that the old businessmen community has been offered a voice in the local governance of their urban centres as well.

Stating that the upcoming historic municipal election offer golden opportunity to the citizens, in the urban areas to participate more fully, Chamling said that it is the ‘bounden duty of all people to participate in these elections.”

“The citizens of bazaar and town will have to discharge the full responsibilities diligently when these responsibilities come their way through power decentralization process, said Chamling.

Wednesday, March 31, 2010

Sikkim

By kanak mani Dikshit
October 20,2009
www.sikkimtimes.com

Sikkim presents a paradox for Southasia. It is an enormously prosperous state, but one whose economy flourishes due only to largesse from New Delhi. Significant potentials for mountain tourism, agro-forestry and hydropower do exist, but for now the Sikkimese are rich merely because of the INR 150 million that the Indian government pours into the state (population 5.4 lakhs by the 2001 census) every year. And that figure is only the direct government support, which is supplemented by much ancillary assistance, from rural road-building to self-employment schemes. But will the state be able to stand on its own once the pampering, inevitably, comes to an end? For now, in the rush to access the official munificence, few seem to be asking this question – nor working to upgrade the local human resource, first and foremost through an upgradation of education. The unchecked rush to the future is also visible in the Gangtok government opening up the great Teesta river and its tributaries to hydropower extraction without reference to the environment, culture and economics.

Sikkim owes its enviable status as a sump for central funds to two factors. First is the sensitive border with Tibet, which the state abuts. And second is the ghost, so to speak, of the 1975 merger, when a New Delhi-engineered move brought the formerly independent protectorate within the Indian Union. Both of these factors today lead New Delhi to close its eyes to the inefficiencies, wastage and corruption that take place in this particular Centre-state relationship. The sensitivity of the Indian security establishment to the border with China, of course, goes back to the 1962 war, in which New Delhi was found unprepared and emerged humiliated. The aftermath has been a heightened sensitivity, if not paranoia, regarding the northern frontier, which colours New Delhi’s dealing with the entire rimland, including Bhutan and Nepal. For its part, Sikkim provides the closest point to the Tibetan Plateau, to the metropolitan centres of the Ganga basin. Besides the 200,000 soldiers that are stationed in the frontier there, India remains massively aware of the need not to make the local population unhappy. And so, the cheque-book is always out.

New Delhi is also alert to the fact that Sikkim is not a lingering flotsam of Partition, such as the Kashmir problem. Nor is the issue one of discontent within the already-charted boundaries of independent India, as is extant in the Northeast and especially Nagaland. Instead, Sikkim was a kingdom ruled by a Bhutia chogyal (‘dharma raja’), which was peaceably brought within the ambit of the Indian state. This is a unique provenance, which provides the Sikkimese with the opportunity to make demands of the Indian exchequer like no other.

As such, the chief minister for the last 15 years, Pawan Chamling, has an unprecedented opportunity to prepare Sikkim for the future. First and foremost, he has to train the populace and economy for the day when the charm of Sikkim’s uniqueness begins to wear off. But can he do it, amidst the ennui evident in Sikkim that comes from having it easy, and the larger problems within and without the state? As we speak, Chamling is in an unassailable position as chief minister: politically astute and with a full war chest. The opposition, represented by former chief minister, Nar Bahadur Bhandari, was decimated in the last state assembly elections, in April, when Chamling’s Sikkim Democratic Front swept all MLA seats. He was also powerful enough within his party to deny seats to all of 21 sitting MLAs, thus providing opportunity to a new crop of elected politicos – and simultaneously rejuvenating the party. Yet there are indications of an autocratic bent that could stifle dissent, which would certainly not prepare the state for an evolution into the ‘knowledge society’ that the chief minister claims to want.

Rangit threshold

Chamling must also toy with the idea of being the acknowledged leader among the Nepali-speaking citizens of India. But he knows not to extend his ambitions in that particular direction too far, because doing so would raise predisposed fears regarding the formation of a ‘greater Nepal’, both at the Centre and in the individual states of North India. Though a Bhutia-Lepcha nobility originally ruled Sikkim, it was the Nepali speakers, including members of the Limbu community, that eventually became ascendant, both numerically and politically. Sikkim thus emerged as the powerful centre of ‘Nepali-Indian’ identity, given that the neighbouring Darjeeling Hills was but part of a ‘hill council’ within the West Bengal state. As such, some harboured the hope that the Nepali-speakers’ identity would find a root in Sikkim, given that the community is otherwise scattered in the Indian Northeast and elsewhere in India. The community is obviously proud of Chamling, or for that matter Bhandari before him, since these were the only ‘Nepali’ chief ministers in India.

However, the ability of Sikkim to emerge as such a focus, and for Chamling to be such a leader, has suffered a blow due to India’s emerging caste-ethnic policy, particularly since the adoption of the Mandal Commission report in 1990. In addition to reservations in Sikkim for the Bhutia and Lepcha (a protective measure to retain their original monarchy-era identities) reservations also became available under the Schedule Caste and Other Backward Classes categories. Post-Mandal, various Nepali-speaking communities, such as the Rai, Limbu, Magar, Tamang and others, were able to seek access to reservation quotas on the basis of being named OBCs.

The Nepali language had been a binding factor for many Indian citizens of hill-Nepali origin, and this aspect peaked with the campaign to have Nepali recognised as an official language of India under the 8th Schedule of the Indian Constitution. That campaign, which met with success in 1992, was led by then Chief Minister Nar Bahadur Bhandari and his spouse Dil Kumari Bhandari, a member of the Lok Sabha when the language issue was argued and won. However, together with the decline in the political fortunes of this couple, the fracturing of the Nepali political clout has since moved on apace due to the post-Mandal differentiations. It is better now to seek separate destinies by accessing the reservation quota as an ‘ST’ or an ‘OBC’. For this reason, among others, it appears that Sikkim will happily stay insular and enjoy the privileges of its uniqueness rather than try to emerge as any kind of Nepali state that threatens the larger Indian equilibrium.

On the other hand, it is unclear how Sikkim and Darjeeling, across the Rangit River, would coexist as two demographically identical entities, one of them coddled and the other feeling poor and neglected. For being a region demographically identical to Sikkim, the Darjeeling Hills receive none of the largesse that is available to Sikkim. There will come a time when Chief Minister Chamling and the leader of the campaign for Gorkhaland, Bimal Gurung, will have to discuss this matter with cool heads. What seems likely is that the former will not want to take on the larger sociological and demographic challenges, where his leadership would certainly help. For instance, Chamling could help to generate self-confidence among the Nepali-speaker citizens of India; he could come to some kind of a cohabitation arrangement with Darjeeling; and he could help prepare his state for the future.

At this point, however, he does not seem inclined to touch the first two suggestions, due to the political minefield and uncertainties they represent. The last, meanwhile, he probably would not be able to see through, given that the people of Sikkim today are simply too comfortable. Consider the numbers. During the 2007-08 fiscal year, New Delhi provided INR 7.4 million, nearly 50 percent of the state’s total revenue, as grants in aid to the Sikkim government. This translates into INR 13,745 per Sikkimese citizen, one of the highest rates in the world. What is more, Sikkim’s subjects – defined as the subjects of the erstwhile kingdom and their descendents recorded in the Sikkim Subjects Register created in 1961 – are exempt from paying income tax on all money earned in the state. With all this, it might be too much for even the most dynamic chief minister to try and shake up the superstructure.
Union Home Minister assures Ministry of Minority Affairs of full cooperation in dealing with problems of Minorities

SHRI P. CHIDAMBARAM INAUGURATES THE ANNUAL CONFERENCE OF STATE MINORITIES COMMISSIONS

SHRI SALMAN KHURSHID HOPES THE NATIONAL COMMISSION FOR MINORITIES WILL BE EVER VIGILANT TOWARDS THE NEEDS OF THE MINORITIES
--------------------------------------------------------------------------------

18:43 IST
Union Home Minister Shri P. Chidambaram has assured the Ministry of Minority Affairs of his full cooperation in dealing with various problems being faced by the Minorities. Inaugurating the Annual Conference of State Minorities Commissions, organized by the National Commissions for Minorities, here today at Vigyan Bhawan, Shri Chidambaram said ‘Inclusive Growth’ is the basic mantra of the Government and the Prime Minister’s New 15-Point Programme for the welfare of Minorities is meant to achieve this goal. He emphasized the value of ‘Pluralism and Diversity’ and said that this has given India its unique strength and colour. Shri Chidambaram assured full security to all sections of society and expressed the hope that the new law to check communal violence and to rehabilitate the victims of such violence will be put in place by the end of the year.

Minister for Minority Affairs, Shri Salman Khurshid, said that the National Commission for Minorities should act as the proverbial ‘Jahangir’s Bell’ for helping the Minorities and as such should always be available to come to the rescue of the Minorities. Shri Khurshid said that a time has come when there is need to go beyond the provision of ‘reservation’ and, therefore, more ‘Affirmative Action’ like Prime Minister’s New 15-Point Programme is needed. Minister for Minority Affairs said that a programme like Multi-Sectoral Development Programme for the welfare of Minorities (MsDP) needs further expansion as it is a unique area development programme under which even the majority community is benefitted thereby creating a congenial atmosphere for co-existence. Shri Khurshid said that the Ministry of Minority Affairs plans to relax the norms for declaring a district as Minority Concentration District (MCD) which will result in bringing another 40-45 districts in the ambit of MsDP.

Mohammed Shafi Qureshi, Chairperson, National Commission for Minorities dwelt upon the importance of synergy between the National Commission and the State Minorities Commissions. He said that the National Commission for Minorities will undertake a new initiative to have a regular interaction with the stakeholders, namely State Commissions, academics, civil society groups and also the media so that there is more public awareness about the issues related to minorities.

Monday, March 29, 2010

Opposition to campaign for boycott of polls by people

It’s Final: Opposition to Boycott Municipal Polls


Sikkim Express | www.sikkimexpress.com

GANGTOK, March 28: With the election process for establishing a three-tier municipal institution in Sikkim formally commenced from yesterday, the opposition parties have stuck to their stand of boycotting the civic polls even as the ruling Sikkim Democratic Front (SDF) party is set to release the party election manifesto in the next few days.

The State Election Commission had yesterday notified the schedule for the municipal polls leading to the simultaneous enforcement of model code of conduct till the election process in completed.

The last date for submission of nomination papers is April 3 which means only six days now remain for the political parties and individuals to contest the polls.
However, at the moment, the first municipal elections in Sikkim looks like a walkover for the ruling front in all the 47 wards as the Opposition has reiterated its stand to boycott the polls.

The Sikkim Pradesh Congress Committee (SPCC) said that it will boycott the municipal elections as the whole exercise is against the interests of the bonafide Sikkimese persons and the old settlers.

“We will not participate in the municipal elections which are against the interests of the local people and the old settlers. There has been total violation of Article 371 F”, said SPCC senior vice-president KN Upreti to SIKKIM EXPRESS.

Uperti reminded that the SPCC and other opposition parties had already registered their protests by staging a walkout from the all-party meet conducted by the State Election Commission on March 22 regarding the municipal elections.

Barring one or two opposition parties, all the other opposition parties including the national parties have taken a united stand to boycott the elections, said Upreti. He also claimed that the opposition parties were not taken into confidence by the State Election Commission during the pre-election process and accused the State government of trying to monopolize the municipal polls.

The opposition parties have expressed objections of delimitation of large percentage of rural areas as municipal wards and reservation of posts of Mayor and Chairperson. The Mayor post of Gangtok Municipal Corporation has been reserved for Bhutia-Lepcha community while the Chairperson post of Namchi Municipal Council has been reserved for the Limboo-Tamang community.

“Now we will appeal the people to boycott the municipal elections in this format. If the voters in large percentage boycott the elections then it would be our victory”, said the SPCC senior vice-president. He said that the opposition parties would be reaching out to the people till the voting day and appealing them not to vote.

Similarly, State BJP president Padam Chettri said that the upcoming municipal elections are ‘unconstitutional’ and ‘undemocratic’. The State government is trying to overlook the opposition parties and imposing the elections on the people, he said. “We are boycotting the municipal polls in the present format. We don’t want to be part of such illegal setup. We will embark on a large scale programme to appeal the people not to cast their votes to set up the municipal bodies which are against their interests. Rest is up to the voters”, said Chettri. He claimed that the percentage of voting will come down drastically during the municipal polls.
Sikkim CPIM State Committee member PP Koirala also made similar stand. “We are boycotting the elections. The municipal bodies in the present format are not in the interests of the people”, he said.

Koirala said that it is up to the people to exercise their voting rights. The State government and the election commission will be responsible when things go wrong in the future, he said.

Regional outfits, Sikkim National People’s Party and Sikkim Himali Rajya Parishad have already announced to boycott the elections.

The municipal elections are being held for Gangtok Municipal Corporation with 15 wards, Namchi Municipal Council with seven wards and five Nagar Panchayats with five wards each.

The last date for filing nominations is April 3, scrutiny will be done of April 5 and the last day of withdrawal of nominations is on April 7. Voting will take place on April 27 and counting will be held on April 29.