The Supreme Court strikes the sentence from the judgment that referred to Sikkimese-Nepalis as “Persons Of Foreign Origin.”

On Wednesday, the Supreme Court struck down the remarks in its ruling that labeled Sikkimese-Nepalese people as “people of foreign origin.” The Sikkimese-Nepalese community strongly objected to this statement, which was made in the judgment in the case Association of Old Settlers of Sikkim vs. Union of India. This statement sparked protests in Sikkim.
In light of this, the State of Sikkim, the Union of India, and other parties submitted proposals for amendments. A panel made up of Justices MR Shah and BV Nagarathna handed down the ruling.
According to the ruling in the case, it is illegal to exclude long-term Indian residents of Sikkim who arrived there before Sikkim’s merger with India on April 26, 1975, from the definition of “Sikkimese” under Section 10(26AAA) of the Income Tax Act. The remark, which was made while discussing Sikkim’s history and had no influence on the judgment’s final justification, resulted in massive protests in Sikkim.
A further clarification that the ruling did not address the element of Article 371F was requested by the Solicitor General. A clarification is not necessary, the bench said, as Article 371F was not at issue in the case.

This news is written by Mr. Manpreet Rathor, Research Assistant, All India Legal Forum.


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