Context
Union Minister of State for Tribal Affairs informed the Lok Sabha that the Ministry of Home Affairs (MHA) has flagged the issue pertaining to reservation of seats in the Sikkim Legislative Assembly for Limboo and Tamang Scheduled Tribes.
However, the issue is currently pending before the Supreme Court, so the Government has not provided further details.
Constitutional Basis
- Article 332 provides for reservation of seats for Scheduled Tribes (STs) in State Legislative Assemblies, while Article 371F(f) gives special powers for Sikkim to protect the rights and interests of its different sections.
- Limboo and Tamang were recognised as STs under the 2002 Amendment Act, but they have not yet received reserved Assembly seats under either provision.
Existing Assembly Seat Structure
- Total Seats: Sikkim Legislative Assembly currently has 32 seats.
- Present Reservation: Seats are reserved for Bhutia-Lepcha (12), Scheduled Castes (2), and a unique Sangha seat (2) for monastic constituencies — Bhutia-Lepcha reservation is under Article 371F, not Article 332.
- No ST Quota Yet: Despite ST status since 2003, Limboo and Tamang communities have no dedicated reserved seats.
- 2016 SC Direction: On 4 January 2016, the Supreme Court, disposing of an earlier writ petition, directed the MHA to find a permanent solution within four months.
- Proposed Expansion: A proposal to raise Assembly strength from 32 to 40 seats has been under consideration, with additional seats earmarked for Limboo and Tamang while retaining existing categories.
Delimitation Constraint
- Delimitation Act, 2002: Ordinarily bars readjustment of Assembly seat numbers until the first Census after 2026.
- Special Status Argument: Sikkim’s protagonists cite its special status under Article 371F to argue the seat increase need not wait for the 2026 delimitation exercise.
Conclusion
The issue highlights the need to ensure fair political representation of recognised tribal communities while respecting the constitutional framework. Since the matter is sub judice, any decision on reservation will depend on the Supreme Court’s judgment.