Sikkim Committee oppose issue of Residential

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Gangtok, Nov 14
Sikkim Subjects Bachao Committee submitted a memorandum to the Governor of Sikkim Balmiki Prasad Singh today at Raj Bhawan regarding the much debated Residential Certificate issue. Addressing a press conference today, Nawin Kiran Pradhan, the Vice Convener of this Committee, said that a meeting was held by the All Sikkim Educated Self Employed and Unemployed Association on 11th November, 2010 at Gangtok to discuss and deliberate upon the socio-economic and political implication of state Government Notifications No.119/Home/2010 and 120/ Home/2010 dated October 26,2010 issued by Chief Secretary to the Government of Sikkim regarding Residential Certificate and an amendment to the Notification regarding issue of Certificate of Identification respectively. He further informed that the said meeting was attended by two former MPs, president and leaders of various political parties, lawyers, prominent social workers, NGO representatives, students and concerned Sikkimese youth from all over the state.

Pradhan had begun the meeting by throwing light on these two Notifications and had also explained its implication for the future of Sikkim and Sikkimese. The participants also carefully read the two Notifications and expressed their views and comments on the same. Legal experts present in the meeting were of the opinion that these notifications will not pass the legal test as they are not based on any Act or statute passed by the Legislative Assembly. Hence, these notifications cannot be given effect to by the State administration.

The legal experts further pointed out that these two Notifications would have far-reaching implication on article 371F of the Constitution, the old laws of Sikkim and on certain fundamental rights of citizens of the state. Mr. Pradhan informed that considering the gravity of the issues and situations created by the two Notifications, the meeting unanimously took a decision to constitute a Committee to guide and spearhead a peaceful movement against the two illegal Notification and similar administrative instruments of the State and to prevail upon the Government to withdraw and cancel the ill conceived and illegal Notification, in the larger interest of the future generation of the Sikkimese society.

Nar Bahadur Bhandari, Chief Coordinator of the said Committee said that, they want to preserve special provision of Article 371 F. This is a baseless notification because there is no Act. He further mentioned that before issuing the Notification Legislative Assembly should pass the Act and without the Act in place the State Government cannot issue such a Notification.

Mr. Bhandari further added that they are not against any one, personally but this is a sensitive issue because this has a larger implication, to the whole of Sikkim. He also mentioned that H. E. the Governor is also concerned about this issue. Citizenship is a Central Government subject so the State Government has no right to issue the Certification of Identity to anyone without discussion with the Central Government.

Tseten Tashi Bhutia, another Coordinator of the said Committee appealed to all the IPS and IFS officers serving the State to read the old laws of Sikkim and to work sincerely in Sikkim for the larger benefit of all Sikkimese.

(Courtesy: Sikkim Mail)



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