SNPP wants President to constitute committee to study and evaluate abidance of Tripartite Agreement and Constitutional soundness of Merger

GANGTOK, 06 Feb: The Sikkim National People’s Party [SNPP] has written to the President of India, calling on her office to institute a committee to look into how the guiding principles of Sikkim-India relations, as codified in the Tripartite Agreement of 08 May 1973, study in detail what the SNPP sees as violation of the letter and spirit of this Agreement and then make adequate recommendations “so that the merger of Sikkim with the Union of India is never questioned again”.
Addressing a press conference here today, the SNPP president, Biraj Adhikari, contended that the memorandum has been submitted on behalf of the Sikkimese people, and that it draws the attention of the President of India to what claims are “failings of the Constitutional arrangements for Sikkim”, as well as the violation of the Tripartite Agreement of 1973, the agreement which started the process of Sikkim’s association with the Union of India.
Sharing details of the memorandum, Mr. Adhikari informed that it states, “Despite the fact that the people willingly signed the agreement, the events leading up to the ‘merger’ which took place in 1975 seem more to define an annexation, and it would be an affront to the self respect of the Sikkimese people to continue calling it a merger without taking concrete steps to rectify the gaping holes in the administrative and constitutional arrangements which were devised to affect this merger”.
Reportedly, the letter also conveys the SNPP’s fears that “anomalies regarding constitutional provisions” could have a direct bearing on national security, as they leave scope for “interference by external agencies”.
Stating that prior to 1975, relations between Sikkim and the Government of India were guided by the Indo-Sikkim Treaty of 1950, which was taken out of the picture by the 36th amendment of the Indian Constitution formalising the merger, the memorandum adds that though the party “has yet to determine if the Parliament of India has the jurisdiction over an international treaty, it feels that forces inimical to Indian interests could use this as an excuse to foment unrest within Sikkim, which again shall have direct consequences for national security.”
Mr. Adhikari argued today that the arrangements of the merger have not stood the test of time and that violations of the Tripartite Agreement were becoming “increasingly apparent with the unchecked exploitation of Sikkim’s natural resources and the massive influx which is drowning the people in their own lands, despite the special provisions under Article 371f of the constitution, which prohibits such things.”
The memorandum adds, “Your Excellency may recall that in 1977, the then Prime Minister of India, Shri. Morarji Desai, had publicly acknowledged that what was done to Sikkim was “wrong”, and it is admissions like these and others- and to rectify which nothing has been done in the last three decades- which bring about a feeling of distrust, especially  among the educated young generation, which the party feels shall not be healthy in the long run. The party feels the statement above of the Prime Minister should be seen in the light of the guidelines adopted by the International Commission at its fifty-third session in 2001, regarding the Responsibility of the States for internationally Wrongful acts, and process for reparation of injury as per these guidelines be initiated, so that the self respect of the people is restored.”
Mr. Adhikari was accompanied to the press conference by the SNPP treasurer, Delay Namgyal Barfungpa, and appealed that the requested committee include Sikkimese representatives and be instituted “immediately with the seriousness which it deserves”.
[ANAND OBEROI]