New Delhi: The Union Home Ministry filed a review petition on Monday (February 6) against some controversial observations of the Supreme Court referring to the Nepali community of Sikkim as 'immigrants'. While filing a review petition in the top court, the Home Ministry has demanded consideration of the old decision. Not only this, the Central Government reiterated its position regarding Article 371F of the Constitution protecting the identity of Sikkim, saying that it should not be weakened.

The application filed in the court states that the observation in the said order should be reviewed in respect of persons of foreign origin settled in Sikkim such as Nepalese, as the said persons are Sikkimese of Nepali origin. On January 13, while giving a verdict on a petition related to providing income tax concession to the residents of Sikkim, the apex court mentioned people of Nepali origin, who had come and settled in Sikkim, as immigrants. This remark of the Supreme Court created a stir in the politics of Sikkim and people of Nepal origin took to the streets to protest against it. In its order dated January 13, 2023, the apex court had directed the central government to change the definition of 'Sikkim' in section 10 (26AAA) of the Income Tax Act, 1961, in which the date of merger of April 26, 1975, or Prior to that all Indian citizens domiciled in Sikkim were given income tax concession. 

At the same time, the Union Home Minister's office said in its tweet that, 'The Ministry of Home Affairs has made some observations in the recent decision of January 13, 2023, on two petitions filed in the Supreme Court by the 'Association of Old Settlers of Sikkim and Others' in 2013 and 2021. And against the instructions, a review petition has been filed in the court. The Government of India has reiterated its stand regarding the primacy of Article 371F of the Constitution, which protects the identity of Sikkimese residents, which should not be diluted.' It has been further said in the tweet that, 'In the said order, the comment regarding people of foreign origin such as Nepalese settled in Sikkim should be reviewed because those people are citizens of Sikkim of Nepali origin.'

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