Indo - Naga & other peace (Accord) talks
- Part 3 -

BD Behring *

Sikkim was annexed into India, 16th May 19975. Originally quoted by Edmund Burke on the trial of Warren Hastings, this quotation brings forth a harsh reality about the documented history of a nation. The same holds true when a particular land or 'kingdom' is annexed.

Sikkim's annexation is believed to be a turning point in the history of the tiny Himalayan state, as well as of India. 16 May 1975, is considered as the official date of annexation of Sikkim to India. Although, the process started way early, and there were several internal and external factors that decided Sikkim's history to be one with that of the Indian nation.

During the British rule in India, the kingdom of Sikkim enjoyed a 'sovereign' status with "British protectorate" against the neighbouring Nepal and China. This 'subordinate alliance' with the British was carried on by the newly formed Indian government after 1947.

The then Prime Minister Jawaharlal Nehru, signed an agreement with Sikkim's ruler, ChogyalTashiNamgyal, after conducting a poll in the kingdom asking for public opinion about Sikkim's relation with India. According to the agreement, Sikkim was to be treated as a "tributary of India," in which India would manage its foreign affairs, communication and defence, while it remained an independent monarchy. This arrangement worked well, until the Indo-China War in 1962.

Indo-China War, Indira Gandhi, and the new Chogyal India's stance regarding Sikkim started to change after the Indo-China war in 1962. The Nathula Pass between Tibet and Sikkim became a temporary battleground be- tween the Indian and Chinese military troops. This prompted the complete shutdown of the Nathula Pass as soon as the war ended.

Events that occurred in the Nathula Pass generated a sense of fear among the Indian government. They considered Sikkim to be a security problem. After Jawaharlal Nehru's death, his daughter Indira Gandhi came to power. The fear of Sikkim being a 'weak link' was already set in her mind.

Along with this, in Sikkim, PaldenThondupNamgyal ascended the throne and became the new Chogyal (king) after his father, ChogyalTashiNamgyal's demise due to cancer. n 1972, India suggested modifying Sikkim's position from "special protectorate" to "permanent association." The new Chogyal suggested Sikkim to have "full sovereign rights [entering] into a permanent association." Historians believe this was the beginning of India's covert efforts to annex the "tiny Himalayan kingdom."

Elections and Subsequent Changes in Sikkim's Administration

In addition to the changes in both the governments, a change in the public's mind set was noticed. Even though, there was a section of the society in Sikkim who wanted the kingdom to be a part of the Indian democracy since 1947, it was during ChogyalPalden's accession that the sentiments became more prominent. According to historians, this prominence was mainly due to Sikkim's complicated electoral processes started by TashiNamgyal.

The electoral system for the selection of the council of ministers was such that the Nepalis living in Sikkim, who actually represented 75% of the population, were recognised to have only 25% weightage in context with the voting rights of the kingdom. It was called the "Parity Formulae."

During Palden's time, this Parity Formulae became even more intricate, and this increased the Chogyal's unpopularity among his subjects. In 1960, the Sikkim National Congress Party was formed by KaziLhendupDorjee, who wished to use a "non-communal party" approach to "give the Sikkimese peace, prosperity and progress." This party had more Nepalese members.

During the 1973 General Election of Sikkim, there was unrest among the public due to unsatisfactory election results. The Chogyal asked help from Indian troops to control the riots in Gangtok. According to a section of historians, the unrest was instigated by the Indian government to weaken the kingdom's machinery.

Eventually, the Chogyal had to concede to have an administrator from India to control the affairs of the kingdom. The subsequent election next year, made LhendupDorjee the Prime Minister by a huge majority. He played a key role in merging Sikkim with India.

End of Monarchy

Between 1973 and 1975, the "anti-monarchical voice" became stronger not only in Sikkim but even internationally, courtesy LhendupDorjee's wife, journalist Elisha Marie. Owing to protests and demonstrations, the anti-Chogyal government led by LhendupDorjee, sought India for a 'deeper' democratic association. India, who was ready for the new association, rushed into organising a referendum to 'absorb' Sikkim.

This referendum found about 97.5% supporters, who were eager to end the monarchical administration. Thereafter, the Chogyal dynasty was abolished and Sikkim became the 22nd state of India with complete democratic rights and privileges. KaziLhendupDorjee became the first Chief Minister of the newly formed Himalayan state of India. In conclusion, historians believe that even though "Sikkim lost its identity as a tiny Himalayan Kingdom," the people finally got their "democratic rights," for which they fought for so long.

Sheikh–Indira Accord, 1975

Agreed Conclusions

1. The State of Jammu and Kashmir which is a constitu- ent unit of the Union of India, shall, in its relation with the Union, continue to be governed by Article 370 of the Constitution of India.

2. The residuary powers of legislation shall remain with the State; however, Parliament will continue to have power to make laws relating to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about cession of a part of the territory of India or secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution.

3. Where any provision of the Constitution of India had been applied to the State of Jammu and Kashmir with adaptation and modification, such adaptations and modifications can be altered or repealed by an order of the President under Article 370, each individual proposal in this behalf being considered on its merits; but provisions of the Constitution of India already applied to the State of Jammu and Kashmir without adaptation or modification are unalterable.

4. With a view to assuring freedom to the State of Jammu and Kashmir to have its own legislation on matters like welfare measures, cultural matters, social security, personal law and procedural laws, in a manner suited to the special conditions in the State, it is agreed that the State Government can review the laws made by Parliament or extended to the State after 1953 on any matter relatable to the Concurrent List and may decide which of them, in its opinion, needs amendment or repeal.

Thereafter, appropriate steps may be taken under Article 254 of the Constitution of India. The grant of President's assent to such legislation would be sympathetically considered. The same approach would be adopted in regard to laws to be made by Parliament in future under the Proviso to clause 2 of the Article. The State Government shall be consulted regarding the application of any such law to the State and the views of the State Government shall receive the fullest consideration.

5. As an arrangement reciprocal to what has been provided under Article 368, a suitable modification of that Article as applied to State should be made by Presidential order to the effect that no law made by the Legislature of the State of Jammu and Kashmir, seeking to make any change in or in the effect of any provision of Constitution of the State of Jammu and Kashmir relating to any of the under mentioned matters, shall take effect unless the Bill, having been reserved for the consideration of the President, receives his assent ; the matters are: -
a. the appointment, powers, functions, duties, privileges and immunities of the Governor, and
b. the following matters relating to Elections namely, the superintendence, direction and control of Elections by the Election Commission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage and composition of the Legislative Council, being matters specified in sections 138,139, 140 and 50 of the Constitution of the State of Jammu and Kashmir.

6. No agreement was possible on the question of nomenclature of the Governor and the Chief Minister and the matter is therefore remitted to the Principals.

Mirza Mohammad Afzal
Beg G. Parthasarthi
New Delhi, November 13,1974.

APPENDIX A

Assam Accord, 15 August, 1985 Accord between AASU, AAGSP and Central Govt, on the Foreign National Issue

MEMORANDUM OF SETTLEMENT

Government have all along being most anxious to find a satisfactory solution to the problem in Assam. The All Assam student Union (AASU) and All Asasm Gana Sangram Parishad (AAGSP) have also expressed their keenness to find a solution.

The AASU through their Memorandum dated 2nd February 1980 presented to the late Prime Minister Smt. Indira Gandhi, conveyed their profound sense of apprehensions regarding the continuing influx of foreign nationals into Assam and the fear about adverse effects upon the political, social, cultural and economic life of the state.

Being fully alive to the genuine apprehensions of the people of Assam, the then Prime Minister initiated the dialogue with AASU/AAGSP. Subsequently, talks were held at the Prime Minister's and Home Minister's levels during the period 1980-83.

Several rounds of normal talks were held during 1984. Formal discussions were resumed in March, 1985. Keeping all aspects of the problem including constitutional and legal provisions, international agreements, national commitments and humanitarian considerations, it has been decided to proceed as follows:

Foreigners Issue:

5.1 For purposes of detection and deletion of foreigners, 1.1.1966 shall be the base date and year.
5.2 All persons who came to Assam prior to 1.1.1966, including those amongst them whose names appeared on the electoral rolls used in 1967 elections, shall be regularized.
5.3 Foreigners who came to Assam after 1.1 1966 (inclusive) and upto 24th March 1971 shall be detected in accordance with the provisions of the Foreigners Act, 1946 and Foreigners (Tribunals) Order 1964.
5.4 Names of foreigners so detected will be deleted from the electoral rolls in force. Such persons will be required to register themselves before the Registration Officers of the respective district in accordance with the provisions of the Registration of Foreigners Act, 1939 and the Registration of Foreigners Rules, 1939.
5.5 For this purpose, the Govt. of India will undertake suitable strengthening of the government machinery.
5.6 On the expiry of a period of ten year following the date of detection, the names of all such persons which have been deleted from the electoral rolls shall be restored.
5.7 All persons who were expelled earlier, but have since re-entered illegally into Assam, shall be expelled.
5.8 Foreigners who came to Assam on or after March 25, 1971 shall continue to be detected, deleted and expelled in accordance with law. Immediate and practical steps shall be taken to expel such foreigner.
5.9 The government will give one consideration to certain difficulties expressed by the AASU/AAGSP regarding the implementation of the illegal migrants (Determination by Tribunals Act, 1983).

Safeguards and Economic Development:

6. Constitutional, legislative and administrative safeguards, as may be appropriate, shall be provided to protect, preserve and promote the cultural, social, linguistic identity and heritage of the Assamese people.

7. The government takes this opportunity to renew their commitment for the speedy all round economic development of Assam, so as to improve the standard of living of the people. Special emphasis will be place on education and science and technology through establishment of national institutions.

Other Issues:

8.1 The government will arrange for the issue of citizenship certificates in future only by the authorities of the Central Government.
8.2 Specific complaints may be made by the ASSU/ AAGSP about irregular issuance of Indian Citizenship Certificates (ICC) will be looked into.
9.1 The international border will be made secure against future infiltration by erection of barriers like walls, barbed wire fencing and other obstacle at appropriate places. Patrolling by security forces on land and riverine routes all along the international border shall be adequately intensified. In order to further strengthen the security arrangements, to prevent effectively future infiltration, an adequate number of check posts shall be set up.

9.2 Besides the arrangement mentioned above and keeping in view security considerations, a road all along the international border shall be constructed so as to facilitate patrolling by security forces. Land between border and the road shall be kept free of habitation, wherever possible. Riverine patrolling along the international border would be intensified. All effective measures would be adopted to prevent infiltrators crossing or attempting to cross the international border.

10. It will be ensured that relevant laws for the prevention of encroachment of government lands and lands in tribal belts and blocks are strictly enforced and unauthorized encroachers evicted as laid down under such laws.

11. It will be ensured that the relevant law restricting acquisition of immovable property by foreigners in Assam strictly enforced.

12. It will be ensured that Birth and Death Registers are duly maintained. Resorting of Normalcy:

13. The all Assam Student's Union and the All Assam GanaSangramParishad call off the agitation assure full co-operation and dedicate themselves towards the development of the country.

14. The Central and the State Government have agreed to:

a. Review with sympathy and withdraw cases of disciplinary action taken against employee in the context of the agitation and to ensure that there is no victimization;
b. Frame a scheme for ex-gratia payment to the next of kin of those who were killed in the course of the agitation;
c. Give sympathetic consideration to proposal for relaxation of upper age limit for employment in public services in Assam, having regard to exceptional situation that prevailed in holding of academic and competitive examinations, etc in the context of agitation in Assam;
d. Undertake of detention cases, if any, as well as cases against persons charged with criminal offences in connection with the agitation, except those charged with commission of heinous offences;
e. Consider withdrawal of the prohibitory orders/notifications in force if any.

15. The Ministry of Home Affairs will be the nodal Ministry for the implementation of the above.

Sd/-
(P K Mahanta)
President
All Assam Student Union, Govt. of India.
(R.D Pradhan)
General Secretary Chief Secretary
(B K Phukon)
Home Secretary
(Smt. P.P. Trivedi)
All Assam Student Union, Govt. of Assam
Sd/
In the presence of (Biraj Sharma)
Convenor
All Assam GanaSangramParishad
(RAJIV GANDHI)
PRIME MINISTER OF INDIA

Date: 15th august, 1985
Place: New Delhi

1. Election Commission will be requested to ensure preparation of fair electoral rolls.
2. Time for submission of claim and objections will be extended by 30 days, subject to this being consistent with the Election Rules.
3. The Election Commission will be requested to send Central Observers.

Sd/-
Illegible
HOME SECRETARY
1. Oil Refinery will be established in Assam.
2. Central Government will render full assistance to the State Government in their efforts to re-open.
(i) Ashok Paper Mill
(ii) Jute Mills
3. I.I.T will be set up in Assam.

Sd/-
Illegible
HOME SECRETARY


To be continued .....