Bhuta-Lepcha is an ethnic grouping consisting of people of the Bhutia and Lepcha communities in Sikkim, India. Both these groups are listed as Scheduled Tribes by the Government of India.[2]
The Sikkim Bhutia Lepcha Apex Committee (SIBLAC) is a group striving for the political rights of ethnic groups of Sikkimese, Bhutia-Lepcha (BL) and Nepalis of Sikkimese origin.[8] In addition to the reservation for the BL in the Legislative Assembly of Sikkim, they argue for reservation in local body (panchayat) elections as well.[9]
Legal battles
In 1993, a case was brought in the Supreme Court of India, challenging the reservation for the BL constituencies and for the Sangha constituency in Sikkim, by Ram Chandra Poudyal[8] of the Rising Sun Party. The five-judge bench of the Supreme Court, dismissed the petition, judging that the reservations (or their quantity) aren't violating articles 14, 170(2) or 332 of the Constitution.[10][11]
In 2015, a petition was brought to the Sikkim High Court by Mr. Phigu Tshering Bhutia arguing for reassigning reservation for the Bhuti-Lepcha as well as for the Limboo-Tamang (LT), in the upcoming municipal elections, in Sikkim. The judge, Meenakshi Madan Rai, dismissed the petition, while upholding the precedent where reservation in electoral constituencies aren't subject to the scrutiny of any court of law.[12][13]
^"R.C. Poudyal and ANR. Vs. Union of India and ORS"(PDF). Supreme Court of India. 10 February 1993. Retrieved 20 January 2021. The reservation of seats for Bhutias and Lepchas is necessary because they constitute a minority and in the absence of reservation they may not have any representation in the Legislative Assembly. [...] That impugned provisions providing for reservation of 12 seats, out of 32 seats in the Sikkim Legislative Assembly in favour of Bhutias Lepchas, are neither unconstitutional as violative of the basic features of democracy and republicanism under the Indian Constitution nor are they violative of Articles 14, 170(2) and 332 of the Constitution. [...] The extent of reservation of seats is not violative of Article 332(3) of the Constitution.