Article 2: Admission or establishment of new States and Story of Sikkim

The term ‘Sikkim’ literally means new palace in the Limbu language. Historically, Sikkim was a small Buddhist kingdom with close religious and cultural ties to the Tibet. Since 17th century, it was ruled by its hereditary monarch called Chogyal. From 1886 onwards, it remained a British Protectorate subject to British Paramountcy, thus its position was like other princely states of India.

In 1947, when India became independent, a popular vote in Sikkim rejected joining Indian Union. However, those were the days to rise of communists in China. When China’s People’s Liberation Army marched into Tibet in 1950, India vociferously protested against this invasion but was unable to do anything substantial. As China neared its victory in Tibet, Nehru rushed through a series of defense treaties with Bhutan (August, 1949), Nepal (July, 1950) and Sikkim (December, 1950). These countries constituted Nehru’s definition of a redrawn security zone. Throughout 1950s, Nehru tried to demonstrate his serious commitment towards this Himalayan doctrine. In February 1951, Nehru established the North and North-Eastern Defence Committee and visited the North-East Frontier Agency (NEFA), Sikkim and Bhutan. In summary, Nehru offered support to Nepal, Bhutan and Sikkim in case of Chinese invasion.

The treaty signed between India and Sikkim made the kingdom to hand over all of Sikkim’s external relations to India, allowed the stationing of Indian troops and prohibited the kingdom from “dealings with any foreign power”.

Thus, this treaty gave Sikkim status of a protectorate with Chogyal as the Monarch. Chogyal Tashi Namgyal died in 1963 and was succeeded by his son Palden Thondup Namgyal. However, there was a growing dichotomy among the people and Namgyals. Namgyals wanted full sovereignty but majority of the people of the state including some local political fronts wanted removal of monarchy and a democratic set up along with accession to Union of India. This finally culminated in wide spread agitation against Sikkim Durbar in 1973. These agitations led to a complete collapse of administration. On 8 May 1973, a historic agreement was signed between the Chogyal, the Government of India and the political leaders of Sikkim, which acknowledged the important role of the people in the affairs of Sikkim.

In 1974, the Sikkim Assembly passed a Government of Sikkim Act, 1974, which paved the way for setting up the first ever responsible government in Sikkim and sought Sikkim’s representation in the political institutions of India. India also passed the 35th Amendment Act 1974 which inserted a new article 2A {Sikkim to be associated with Union} and a 10th schedule.

But making Sikkim an associate state of the Union would have set wrong precedence in longer term. Additional anomaly was exclusion of Sikkim MPs from voting in election of President and Vice-President.

In 1975, the Kazi Lhendup Dorjee (Prime Minister in Sikkim) appealed to the Indian Parliament for a change in Sikkim’s status so that it could become a state of India. In April that year, the Indian Army took over the city of Gangtok and disarmed the Palace Guards. Then came a referendum in 1975 which approved {by around 97% votes} abolition of monarchy and complete merger of Sikkim with India. This referendum has been a subject of debates, criticism and conspiracy theories in western, Chinese and communist media, which called it an illegal annexation.

The referendum was followed by yet another amendment of Indian Constitution as Thirty-sixth Amendment Act, 1975. The Article 2-A and Xth schedule were repealed and name of Sikkim was added as a state under first Schedule of the Constitution.  With this, Sikkim emerged as India’s 22nd state on 26th April, 1975. The Sikkim State day is observed on 16th May of every year because this was the day when the first Chief Minister of Sikkim assumed office.

Current 10th Schedule in Indian Constitution

Since 10th Schedule was omitted in 36th amendment, it was later reinserted by 52nd Amendment Bill, 1985 as Anti Defection Law.

Special Provisions for Sikkim

Sikkim enjoys Constitutional safeguards under Article 371(F). Safeguards are mentioned under part XXI-Temporary, transitional and special provisions of the Indian constitution.

China’s stand on Sikkim’s merger

For decades after 1975, China refused to accept Sikkim as an integral part of India, insisting that the referendum conducted was a farce and merger was actually a forcible annexation by India. It continued to release maps showing Sikkim as an Independent State.

However, for the first time in 2003, China removed Sikkim from its website of Independent Asian countries. China was the only country at that point of time that did not recognize Sikkim as an Indian State. Earlier, China was saying that it would recognize Sikkim as a part of India in exchange for full Indian recognition of Tibet as a part of China.

India and China had signed a memorandum of understanding to start border trade through Nathu La Pass in Sikkim and Tibet. India had interpreted Nathu La’s acceptance as the Indian trade point by China as its approval of recognizing Sikkim as an integral part of India.

In the 2005 joint statement issued during the visit of Chinese Premier Wen Jiabao to India, it was stated that Sikkim “is no longer an issue in India-China relations”.