Why in News?
The Ministry of Home Affairs is all set to move a proposal before the Union Cabinet to increase the number of seats in the Sikkim Assembly from 32 to 40.
FACTS FOR PRELIMS
A petition was moved in the Supreme Court that Limboo and Tamangs (notified as STs in Sikkim) were not adequately represented in the Assembly. As per constitutional provisions, the total number of seats for STs should be in proportion to the population.
The apex court in 2016 directed the Home Ministry to take necessary action for the same.
Following top court’s directions, the MHA held consultation with the state government and sought a proposal on increase in the number of seats.
The cabinet proposal will include amendments to the Second Schedule to the Representation of People Act, 1950, whereby total seats in Sikkim Assembly will be 40 in place of existing 32, reserving five seats for Limboo and Tamang, while retaining existing reservations for Bhutias, Lepchas, Scheduled Castes and Sanghas.
Delimitation Act 2002
As per Delimitation act, 2002 and consequent
84th and 87th constitutional amendment acts,
the total number of existing seats allocated to various States in the House of the People and legislative assemblies in all states on basis of 1971 census shall remain fixed till the first census after the year 2026.
Special provision for Sikkim
Special constitutional provisions to Sikkim under article 371(f) have allowed the government to make the proposed changes without constituting a fresh delimitation commission as the Article 170 of the Constitution (related to the composition of assemblies and some provisions of delimitation for them) does not apply to Sikkim.
Source-The Indian Express.