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More seats for Sikkim Assembly (TH)
Context
Change in the number of assembly seats for Sikkim
What has happened?
The Home Ministry has proposed an increase in the number of seats in the Sikkim Assembly from 32 to 40. The expansion will be the first since the State merged with India in 1975
Source: The Hindu
Background
A petition was moved in the Supreme Court that Limboo and Tamangs were not adequately represented in the Assembly and the apex court on January 4, 2016 directed the Home Ministry to take necessary action
Why the seats are being increased?
- Accommodating Limboo & Tamang communities: The seats are being increased to accommodate people from the Limboo and Tamang communities, notified as the Scheduled Tribes in Sikkim in January 2003
- Of the eight seats proposed to be increased, five will be reserved for Limboo and Tamangs
Present situation: Now, Sikkim has 12 seats reserved for Bhutias and Lepchas, two for the Scheduled Castes, one seat for the Sanghas and 17 general seats
Constitutional provision
- As per constitutional provisions, the total number of seats for STs should be in proportion to the population
- Amendment to RPA Act:
- There will be amendments to the Second Schedule to the RP Act, 1950, whereby total seats in Sikkim Legislative Assembly will be 40 in place of existing 32, reserving five seats for Limboo and Tamang, while retaining existing reservations for Bhutias, Lepchas, Scheduled Castes and Sanghas
- Section 5A of the RP Act, 1951 will be amended to provide “that in case of a seat reserved for Limboo and Tamang tribe, he is to be a member of Limboo and Tamang tribe specified in the Representation of Sikkim Subjects Act, 1974 and elector or an assembly constituency in the State
Delimitation Act
As per the Delimitation Act, 2002, the number of seats in an Assembly of any State can only be readjusted on the basis of the first census conducted after 2026
- Although, final order made by the Delimitation Commission could not have been challenged by any court, but the special constitutional provision to Sikkim allows government to make the change
