The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) has submitted a memorandum to the Chief Minister of Sikkim, the Chief Secretary and the State Election Commissioner seeking a constitutional review of reservation principles applied in Municipal and Nagar Panchayat elections in the state.The representation, dated February 23, 2026, was submitted by SIBLAC Convener Tseten Tashi Bhutia. In the memorandum, the organisation has urged the government to examine the reservation framework for local bodies in light of Article 371F of the Constitution of India, which grants special constitutional safeguards to Sikkim.SIBLAC stated that Article 371F was inserted at the time of Sikkim’s merger with India and preserves specific political arrangements that form part of the constitutional settlement between Sikkim and the Union of India. The memorandum pointed out that the structure of reservation in the Sikkim Legislative Assembly reflects this special status.It referred to the Representation of Sikkim Subjects Act, 1974, under which 50 per cent political protection was provided to the Bhutia-Lepcha (BL) community. Later, under the Representation of the People Act, 1980 as applicable to Sikkim, 12 out of 32 Assembly seats, along with the Sangha seat, remained reserved, amounting to around 37.5 per cent representation.
The memorandum also cited the Supreme Court judgment in R.C. Poudyal vs Union of India, which recognised that Sikkim’s political arrangement is constitutionally distinct and not strictly governed by population proportionality. It said the court had affirmed that the reservation pattern in Sikkim flows from historical and political considerations linked to Article 371F.Referring to the Panchayat elections held in 2022, SIBLAC stated that the effective representation of BL candidates was reportedly around 8 per cent, which, according to the memorandum, is substantially lower than the historical legislative framework. While acknowledging that Panchayat reservations are generally governed by Article 243D of the Constitution, the memorandum stated that in the case of Sikkim, these provisions must be harmonised with Article 371F. It argued that any framework that results in a substantial and continuing departure from the constitutional philosophy recognised in the R.C. Poudyal case may require careful constitutional scrutiny. The organisation clarified that it is not challenging the validity of any past election. Instead, it has sought a principled review of the methodology adopted for determining reservation in Municipal and Nagar Panchayat elections to ensure consistency with Sikkim’s special constitutional position.
SIBLAC further mentioned that it had earlier submitted a representation in 2021 raising related concerns, and that the matter remains under consideration. It requested that the earlier submission also be examined while reviewing the present issue.In its prayer, the organisation has urged the authorities to review the principles adopted for determining reservation in local body elections in light of Article 371F and the ratio laid down in the R.C. Poudyal judgment. It has also called for maintaining constitutional continuity with the historical safeguards recognised in the Assembly structure and for stakeholder consultation before finalisation of the reservation roster. Speaking on the issue, SIBLAC Convener Tseten Tashi Bhutia said, “The constitutional safeguards that ensured the political survival of the Bhutia-Lepcha community are steadily diminishing from 50% to 37.5%, and now barely 8% in local bodies. This silent erosion cannot be ignored. If we do not defend our rights today, we may not have the strength to reclaim them tomorrow.” He added, “The BL community and our elected representatives; the time to awaken is now, before it is too late. Let us act with unity, wisdom, and constitutional responsibility so that future generations do not inherit our silence. History entrusted us with safeguards for survival; it is now our duty to preserve them with courage and foresight.”
