Supreme Court removes remark calling Sikkimese-Nepalis as ‘Persons of Foreign Origin’ from its judgment
June 23, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Supreme Court removes remark calling Sikkimese-Nepalis as ‘Persons of Foreign Origin’ from its judgment

A bench of Justices M R Shah and B V Nagarathna clarified that it was not the court’s fault, but had happened as the petitioners had not brought to its notice amendments made to the initial petition that was filed. As a result, the court had relied on the first petition which bore the errors

Manisha SaradeManisha Sarade
Feb 9, 2023, 12:20 pm IST
in Bharat, Sikkim
Follow on Google News
Supreme Court

Supreme Court

FacebookTwitterWhatsAppTelegramEmail

The Supreme Court on February 8 ordered the deletion of reference to the Sikkimese-Nepalese as “people of foreign origin” from its January 13 judgment on tax exemption in Sikkim, following a petition by the Centre and others for changes. A bench of Justices MR Shah and BV Nagarathna, after a brief hearing, approved to remove the remarks.

The remark was made in the case of Association of Old Settlers of Sikkim versus Union of India, in which it was held that Indians who had settled in Sikkim on or before April 26, 1975, the date on which the state merged with India, will be eligible to be excused from income tax. A bench presided over by Justices MR Shah and BV Nagarathna had given this judgment.

The state government was party to the judgment. Since the State Government did not object, the court gave the verdict in favour of the old settlers, relieving them from paying income tax and referring to the distinction made between them and the other communities “discriminatory”. While the Sikkimese civil society has not been against the decision of the Supreme court, it has complained regarding the use of “foreigner” tag for the Sikkimese-Nepali community.

Justice Nagarathna, while tracing the history of Sikkim, had observed that the Sikkim Income Tax Manual from 1948 viewed everyone in the same manner “irrespective of their origin”. There was “no difference” between “original inhabitants of Sikkim, namely, the Bhutia-Lepchas and the persons of foreign origin settled in Sikkim like the Nepalis or persons of Indian origin who had settled down in Sikkim generations back”, she had observed.

This remark particularly had caused a furore in Sikkim and led to a series of protests. Former Chief Minister Pawan Chamling’s Sikkim Democratic Front (SDF) called a bandh on February 4 and 5. A Joint Action Committee (JAC) leading the protests called for another State-wide bandh on February 8. Following these events, applications were filed seeking modifications.

The bench agreed to remove the controversial fragment of the judgment but noted that while the hearing on the applications was going on, the writ petitioner had made certain amendments to the writ petition that were not brought to the notice of the court. “It is noted that in the said writ petition there was an amended writ petition filed pursuant to an application filed. Unfortunately, learned counsel for the writ petitioners did not bring to the notice of this court the substantial amendments brought. It was their duty to bring it to the notice of the court. Now the MA has been filed seeking corrections as if an error has occurred from the point of the court. However, having heard senior counsel from the respective parties, we think it is just and proper to correct certain words used in paragraph 10A and 68.8 in my judgment”, stated the bench in its modification order.

Solicitor General of India Tushar Mehta requested the court to shed light on why the judgement has not touched upon the aspect of Article 371F of the Indian Constitution, which deals with special provisions with respect to Sikkim. The bench, however, said that such a clarification is unnecessary as Article 371F was not a subject matter of the case.

Topics: SDFSupreme Court Of IndiaSikkimese-NepalisSikkimese-Nepalis remarkSikkimese-Nepalis remark removalsupreme court on remark
Share1TweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Turkey-Syria earthquake death toll surpasses 11,300-mark

Next News

Operation Dost: India sends 6 plane loads of relief material, rescue personnel to Turkey and Syria

Related News

Supreme Court of India bench hears Sabarimala review pleas as Justice B. V. Nagarathna questions non-devotee challenges to rituals

Sabarimala Case: “Believers don’t question rituals; non-believers can’t challenge them,” says Justice B. V. Nagarathna

During Sabarimala review hearings, Supreme Court underscores limits of reform and cautions against diluting core religious beliefs

Religion cannot be “Hollowed Out” in the name of social reform, says Supreme Court in Sabarimala case

Supreme Court hearing focuses on mandir customs, faith practices, and the balance between rights and religious traditions

Sabarimala Women Entry Case: Supreme Court says Mandir rituals must be followed, stresses limits of judicial role

SIR process happening across Bharat (Representative image)

‘Won’t tolerate’: CJI warns against questioning judicial officers during Bengal SIR

Representative image

Beyond Religious Freedom: How the Chhattisgarh burial case has become a test of Vanvasi land rights & village autonomy

Meta, WhatsApp undertake to comply with data privacy directions by March 16, Supreme Court told

Load More

Latest News

(Left) Maoist Arms seized (Right) Security personnel with the seized arms of Maoists

Odisha: Major Maoist arms cache recovered in Koraput, sixth such seizure within two weeks

Delhi Chief Minister Rekha Gupta paid tribute to Bharatiya Jana Sangh founder Syama Prasad Mookerjee on his death anniversary

Article 370 abrogation was the greatest tribute to Syama Prasad Mookerjee: Delhi CM Rekha Gupta

Prime Minister Narendra Modi

Viksit Bharat: PM Modi slams Congress — ‘Blocks development, claims credit’

(Left) Petrol bomb hurled at BJP leader’s clinic opposite newly inaugurated RSS office in Bhatinda (Right) BJP leader Dr Tarsem Garg

Punjab: Petrol bomb hurled at BJP leader’s clinic opposite newly inaugurated RSS office in Bhatinda

Functionaries of Akhil Bharatiya Rashtriya Seva Bharati on the stage release Rashtriya Seva Sadhana–2026

Tamil Nadu: Seva Bharati reviews service initiatives, charts roadmap for future expansion

PM Modi Pays Homage to Jan Sangh Founder Syama Prasad Mookerjee

Balidan Diwas: PM Modi pays tribute to Jan Sangh founder Syama Prasad Mookerjee, hails his nationalist legacy

Odisha Legislative Assembly Speaker Surama Padhy conducting proceedings of the State Assembly in Bhubaneswar. (File Photo)

Odisha Speaker rejects BJD and Congress petitions seeking disqualification of 11 MLAs over Rajya Sabha cross-voting

Bastar Yatra 2026: Inside Chhattisgarh’s unique Goncha festival celebrating Bhagwan Jagannath and tribal traditions

(Left) Dr. Shyama Prasad Mookerjee (Right) of Dr Keshav Baliram Hedgewar

Bengal and the Sangh: The historical bond forged by Dr Keshav Baliram Hedgewar and Shyama Prasad Mookerjee

French President Emmanuel Macron welcomes India's Prime Minister Narendra Modi during the G7 summit, in Evian-les-Bains, France, June 16, 2026.

From Global South to Global Power: Why G7 continues to seek India’s presence and partnership

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies