India
MHA files review plea against SC order calling Sikkimese-Nepali ‘persons of foreign origin’ | India News
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NEW DELHI: The Union home ministry has filed a review petition in the Supreme Court against some of its observations and directions in a January 13, 2023, judgment, particularly where it has referred to Sikkimese-Nepalis as “persons of foreign origin”.
“Government of India reiterated its position about the sanctity of Article 371F of the Constitution that safeguards the Sikkimese identity, which should not be diluted. Further, the observation in the said order about persons of foreign origin settled in Sikkim like Nepalis should be reviewed as the said persons are Sikkimese of Nepali origin,” home minister Amit Shah said in a series of tweets on the MHA’s decision to file the review plea. The plea — which comes a day after a delegation of the BJP’s Sikkim unit met Shah in this regard — seeks review of SC’s observations in the judgement on two petitions of 2013 and 2021 filed by the Association of Old Settlers of Sikkim.
The Sikkimese-Nepali community is one of its three ethnically dominant communities of Sikkim, the other two being Lepchas and Bhutias. These ethnic communities are exempt from paying income-tax under the Sikkim Income Tax Manual, 1948.
Though the court had on January 13 extended the exemption to settlers from the pre-1946 period — as sought in the petition filed by 500 families of Sikkim, primarily comprising Marwaris and people from other states of origin — its reference to Sikkimese-Nepalis as “persons of foreign origin settled in Sikkim” has sparked off protests within the state.
The apex court had stated that the Sikkim Income Tax Manual does not differentiate between Bhutia-Lepchas and “the persons of foreign origin settled in Sikkim like the Nepalis”.
The Sikkim government, as per a Twitter update by chief minister Prem Singh Tamang on Monday, has also filed a review petition in the Supreme Court to expunge the said observations and ensure that the sanctity of Article 371F is maintained.
Article 371F outlines the special Constitutional provisions with respect to Sikkim.
Tamang, who was in the national Capital on Monday, discussed the matter arising out of the SC observations, during his meeting with Lok Sabha speaker Om Birla here.
“Government of India reiterated its position about the sanctity of Article 371F of the Constitution that safeguards the Sikkimese identity, which should not be diluted. Further, the observation in the said order about persons of foreign origin settled in Sikkim like Nepalis should be reviewed as the said persons are Sikkimese of Nepali origin,” home minister Amit Shah said in a series of tweets on the MHA’s decision to file the review plea. The plea — which comes a day after a delegation of the BJP’s Sikkim unit met Shah in this regard — seeks review of SC’s observations in the judgement on two petitions of 2013 and 2021 filed by the Association of Old Settlers of Sikkim.
The Sikkimese-Nepali community is one of its three ethnically dominant communities of Sikkim, the other two being Lepchas and Bhutias. These ethnic communities are exempt from paying income-tax under the Sikkim Income Tax Manual, 1948.
Though the court had on January 13 extended the exemption to settlers from the pre-1946 period — as sought in the petition filed by 500 families of Sikkim, primarily comprising Marwaris and people from other states of origin — its reference to Sikkimese-Nepalis as “persons of foreign origin settled in Sikkim” has sparked off protests within the state.
The apex court had stated that the Sikkim Income Tax Manual does not differentiate between Bhutia-Lepchas and “the persons of foreign origin settled in Sikkim like the Nepalis”.
The Sikkim government, as per a Twitter update by chief minister Prem Singh Tamang on Monday, has also filed a review petition in the Supreme Court to expunge the said observations and ensure that the sanctity of Article 371F is maintained.
Article 371F outlines the special Constitutional provisions with respect to Sikkim.
Tamang, who was in the national Capital on Monday, discussed the matter arising out of the SC observations, during his meeting with Lok Sabha speaker Om Birla here.
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