The Sikkim Assembly on Thursday passed a resolution asserting the distinct identity of the Sikkimese people and the sanctity of Article 371F of the Constitution that provides special status to the state which had merged with India in 1975.

The unanimous resolution adopted at the day-long urgent session of the Assembly urged the Centre to acknowledge and maintain the special status and distinct identity granted to the Sikkimese people and the commitments given to them at the time of its merger.

“Request the Government of India that the definition of ‘Sikkimese’ and the special status/classification provided to the people of Sikkim cannot be diluted,” said the resolution.

The session was called in the wake of the Supreme Court judgment of January 13 that had led to massive social unrest in the state because of a “foreign origin” remark made against the Sikkimese Nepalis and the directive to amend the definition of the term “Sikkimese” by including the old settlers of Indian origin who have been living in the state since before its merger while granting income tax exemption to them.

Moving the resolution, law minister Kunga Nima Lepcha said Article 371F had been inserted in the Indian Constitution in order to fulfil the aspiration of three ethnic communities — Sikkimese of Lepcha and Bhutia origin and the Nepali of Sikkimese origin. “Further (the) term ‘Sikkimese’ is only used for the three ethnic communities… ,” said Lepcha.

Supporting the resolution, chief minister P. S. Tamang (Golay) said the old settlers were included within the purview of the term Sikkimese as defined in Section-10 (26AAA) of the Income Tax Act, and the same would not apply to anything else. “We welcome the exemption granted to the old settlers,” he said.

The chief minister also thanked the Supreme Court and the central government for getting the tag of foreigners put on Sikkimese Nepalis removed once and for all. On Wednesday, while hearing the applications filed by the Union government, the state government and others, the court removed the “foreign origin” remark made in its observation. “The credit for whatever happened must go to the people of Sikkim,” said the chief minister.

Golay was given a rousing welcome at Rangpo, about 40km from here, on his return from Delhi early Thursday morning by people in their thousands, thanking him for his role in getting the foreigner tag against Sikkimese Nepalis removed.

The Supreme Court remark had created a storm in the state with people taking to the streets in protest over the past couple of weeks. Sikkim had observed a total bandh on Wednesday at the call of the apolitical Joint Action Committee (JAC), which had been formed in the wake of the verdict.

In the Assembly, while lauding the people for fighting together for the cause of Sikkim, former chief minister and Sikkim Democratic Front (SDF) chief Pawan Chamling, however, said the redefinition of the term Sikkimese in the verdict had violated Article 371F. “This has violated clauses (k) and (m) of 371F,” he said.

While clause (k) protects Sikkim’s pre-merger laws, clause (m) says neither Supreme Court nor any other courts have jurisdiction over treaties and agreements in which India was a party before Sikkim’s merger.