Whereas the Chogyal and the people of Sikkim are convinced that their interest and the long term interest of Sikkim as whole call for:

1. The establishment of a fully responsible Government in Sikkim with a more democratic Constitution, the guarantee of fundamental rights, the rule of law, an independent judiciary and greater legislative and executive powers for the elected representatives of the people;

2. A system of election based on adult suffrage which will give equitable representation to all sections of the people on the basis of principle of one man one vote;

3. The strengthening of Indo-Sikkim cooperation and interrelationship; and

Whereas the Chogyal as well as the representatives of the people had requested the Government of India:

(i) To take responsibility for the establishment of law and order and good administration in Sikkim;

(ii) To ensure the further development of a constitutional government, Co communal harmony, good administration and rapid economic and social development in Sikkim;

(iii) To provide the head of administration (Chief Executive) in Sikkim to help achieve and to safeguard all the above needs and objectives.

And whereas the Government of India has agreed to discharge the responsibility hereby renewed to them;

Now, whereas the Government of India, the Chogyal of Sikkim and leaders of the political parties of Sikkim have agreed as follows:

1. The three parties hereby recognize and undertake to ensure the basic human rights and fundamental freedoms of the people of Sikkim. The people of Sikkim will enjoy the right of election on the basis of adult suffrage to give effect to the principle of one msn one vote.

2. These shall be an Assembly in Sikkim. The assembly shall be elected every four years. Elections shall be fair and free and shall be conducted under the supervision of the Election Commission of India, who shall be appointed for the purpose by the Government of Sikkim.

3. (a) in accordance with this agreement, the assembly shall have the of the power to propose laws and adopt resolutions for the welfare of the people of Sikkim or any of the matters enumerated herein below namely education, public health, excise, press and publicity, transport, bazaars, forests, public works, agriculture, food supplies, economic and social planning including state enterprise, home and establishment, finance and land revenue.

(b) The assembly shall not discuss or ask questions on the following:

(i) The Chogyal and the members of the ruling family;

(ii) Any matter pending before the court of law;

(iii) The appointment of the Chief Executive and members of the judiciary; and

(iv) Any matter which concerns the responsibilities of the Government of India under this agreement or under any other agreement between India and Sikkim.

4. There shall be an Executive Council consisting of elected members of the assembly who shall be appointed to the Executive Council by the Chogyal on the advice of the Chief Executive. The Chief Executive will preside over the meetings of the Executive Council.

5. The system of the election shall be so organized as to make the assembly adequately representative of the various sections of the population. The size and the composition of the assembly and the Executive Council shall be such as may be prescribed from time to time. Care being taken to ensure that no single section of the population acquires a dominating position due mainly to its ethnic origin, and that the rights and interests of the Sikkimese of Bhutia Lepcha origin and of the Sikkimese of Nepali which includes Tsong and scheduled castes origin are fully protected.

6. Chogyal shall perform the functions of his high office in accordance with the Constitution of Sikkim as set out in this agreement.

7. To head the administration in Sikkim there shall be a Chief Executive who shall be appointed by the Chogyal on the nomination of the Government g India.

8. The Chief Executive shall have all the powers necessary for the discharge of his functions and responsibilities; and exercise his powers in the following manner:

(i) With -respect to matters allocated to a member of the Executive Council, he shall act in consultation with the members to whom the administration functions in this regard have been allotted.

(ii) He shall submit all important matters to the Chogyal for his information and for his approval of the action proposed to be taken except where immediate action is required. In the latter case, he shall obtain the Chogyal’s approval as soon after the action has been taken, as possible.

(iii) He shall have special responsibilities to ensure the proper implementation of the constitutional and administrative changes in Sikkim, the smooth and efficient running of its administration, the continued enjoyment of basic rights and fundamental freedom by all section of the population of Sikkim and the optimum utilization for the benefit of the people of Sikkim of the funds allocated for economic and social development of Sikkim.

(iv) In case involving amity between the various sections of the population of Sikkim, on the development of democratic government and efficient administration in Sikkim any difference of opinion between him and the Chogyal shall be referred to the Political Officer in Sikkim, who shall obtain the advice of the Government of India, which shall be binding.

9. There shall be equality before the law in Sikkim. The judiciary shall remain independent.

10. The palace establishment and the Sikkim Guards shall remain directly under the Chogyal.

11. The Government of India who are solely responsible for the defense and territorial integrity of Sikkim and who are solely responsible for the conduct and regulations of the external relations of Sikkim whether political, economic or financial, reaffirm their determination to discharge these and other responsibilities for the benefit of the people of Sikkim for their communal harmony, good administration and economic and social development. It is hereby reaffirmed that they shall have the necessary powers for carry out their responsibilities.

12. Done in implicate at Gangtok on this eight day of may of the you one thousand nine hundred and seventy three A.D

Sd/- Sd/-

Kewal Singh Palden Thondup Narngyal

Foreign Secretary the Chogyal of Sikkim

Government of India

Advertisements