Citizen Action Party raises concerns over Supreme Court’s ruling on domicile and Sikkim’s special status

The Citizen Action Party-Sikkim (CAP-S) has raised grave concerns following the Supreme Court’s recent judgment, which declared that the concept of regional or provincial domicile is alien to the Indian legal system. While the ruling pertains specifically to residence-based reservations in PG medical admissions, the broader implications of this judgment on Sikkim’s special status under Article 371F cannot be overlooked.

CAP is calling on the SKM government to immediately clarify whether this ruling will impact the rights of individuals holding the Sikkim Subject Certificate (SSC) and Certificate of Identification (COI), both crucial documents that safeguard the rights of Sikkimese people.

Sikkim’s historical merger with India in 1975 was based on clear assurances that its distinct identity, cultural heritage, and legal protections would be preserved under Article 371F. However, in recent years, there has been a worrying trend of gradual dilution of these safeguards. The expansion of the definition of “Sikkimese” in income tax matters, as seen in a previous ruling, has already raised concerns, leaving the people of Sikkim feeling insecure. Now, with this latest ruling on domicile, fears are growing that Sikkim’s unique identity and special status are being eroded further.

CAP believes that the concept of domicile is central to maintaining Sikkim’s special status. If all citizens of India carry a single domicile, as the Supreme Court suggests, there is a legitimate concern that the protections granted under Article 371F may lose their relevance. This raises urgent questions: Will the SSC and COI lose their significance in future legal contexts? Will Sikkimese people lose their distinct legal and cultural rights? These are critical issues that demand immediate clarification from the SKM-led government.

CAP-S finds the SKM government’s silence on these matters to be unacceptable. The party is calling on Chief Minister Prem Singh Tamang and his administration to take a clear and firm stand on whether this ruling affects Sikkim’s legal framework.