The Home Ministry has proposed an increase in the number of seats in the Sikkim Assembly from 32 to 40. The expansion will be the first since the State merged with India in 1975.The seats are being increased to accommodate people from the Limboo and Tamang communities.
Point to be noted: Benefited communities are Limboo and Tamang communities
Constitutional reading: As per constitutional provisions, the total number of seats for STs should be in proportion to the population.
What law is saying: As per the Delimitation Act, 2002, the number of seats in an Assembly of any State can only be readjusted on the basis of the first census conducted after 2026.
Now Sikkim go against Delimitation Act 2002? Sikkim is governed under special constitutional provision Article 371 (F), which distinguishes it from other States and Article 170 of the Constitution (under which the Delimitation Commission came into force) does not apply to it. So according to Sikkim government argument Delimitation Act doesn’t applies to Sikkim.
To increase Assembly seats what has to be amended: There will be amendments to the Second Schedule of the RP (Representation of People) Act, 1951, whereby total seats in the Sikkim Legislative Assembly will be 40 in place of the existing 32, reserving five seats for Limboo and Tamang.