Plea in SC to provide reservation for ‘Limboo’, ‘Tamang’ tribes in Sikkim Assembly [Read Petition]

A petition has been filed in the Supreme Court seeking reservation for two Scheduled Tribes in Sikkim Legislative Assembly..The Tribes in question are “Limboo” and “Tamang” who were granted Scheduled Tribe status in the year 2003..The petition has been filed by five office bearers of the Sikkim Limboo Tamang Tribal Joint Committee..In the petition filed through advocate Suvidutt MS, it has been contended by the petitioners that no seats for these tribes have been reserved in Sikkim Assembly despite 15 years having passed after they were notified as Scheduled Tribes..The petitioners have placed reliance on Articles 332 and 371F(f) of the Constitution..Article 332 constitutionally mandates reservation of seats for Scheduled Tribes in the State Legislative Assembly. In view of that, the situation in Sikkim needs to be remedied so that Scheduled Tribe communities of Limboo and Tamang also get proper representation in terms of Article 332, the petition states..Article 371-F (f) states that Parliament may make provisions for protecting the rights and interest of different sections of the population of Sikkim by reserving seats in the Legislative Assembly for such sections of people. Further, it empowers Parliament to delimit Assembly constituencies from which candidates belonging to such sections alone may contest elections..Petitioner then cites the case of two other ST communities, “Bhutia” and “Lepcha” who have been given reservation in the Legislative Assembly..The petitioners allege that the inaction on the part of the Central and State governments amounts to a violation of Articles 14 and 21 and is “completely arbitrary and discriminatory”..“Because the tribal communities of Bhutias and Lepcha are provided the seat reservation in the Sikkim Legislative Assembly, the failure of the Respondents herein to provide reservation of the two newly added Scheduled Tribes viz. “Limboo” and “Tamang” would deprive them of their constitutional right under Article 332 (1) and Article 371-F (f) which amounts to violation of Article 14 of the constitution.”.It is averred in the petition that in addition to violating the fundamental rights of Limboo and Tamang tribes, the Central government has failed to discharge its Constitutional obligation by not amending the requisite provisions of the Representation of People Act, 1950 and Representation of People Act, 1951..The RP Act 1950 was amended in 1979 to include reservation for Sikkimese people of Bhutia-Lepcha tribe in the Legislative Assembly. This move came one year after these tribes were added to the list of Scheduled Tribes. However, a similar amendment was not made when in 2003 the Limboo and Tamang tribes were added to the list of Scheduled Tribes..The petitioners have, therefore, prayed for a direction to be issued to the Central government to amend Section 7(1-A) in the Representation of Peoples Act, 1950 and Section 5A of the Representation of Peoples Act, 1951 for providing for reservation to “Limboo” and “Tamang” tribes in the Legislative Assembly of the State of Sikkim.Further, they have also sought directions to be given to the Sikkim government and the Delimitation Commission to implement the steps taken by the Centre and issue notification declaring the said reservation for Limboo and Tamang..Read the petition below.