R.C. POUDYAL AND ANR. ETC. ETC. versus UNION OF INDIA AND ORS. ETC. ETC.

Citation: [1993] 1 S.C.R. 891 · Decided: 10-02-1993 · Supreme Court of India · Bench: L.M. SHARMA, M.N. VENKATACHALIAH, J.S. VERMA, K. JAYACHANDRA REDDY, S.C. AGRAWAL · Disposal: Dismissed
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Judgment (excerpt)

R.C. POUDYAL AND ANR. ETC. ETC. 
A 
v. 
UNION OF INDIA AND ORS. ETC. ETC. 
FEBRUARY 10, 1993 
[LM. SHARMA, CJ, M.N. VENKATACHALIAH, J.S. VERMA, 
B 
K.J. REDDY AND S.C. AGRAWAL, JJ.] 
Representation of People Act, 1950: 
~ 
Sections 7( 1-A) and 25A (As inserted by Election Laws EJ.1ension to 
Sikkim) Act, 1976 and Representation of People (Amendment) Act, 
1981>-Constitutional validity of 
Represemation of People Act, 1951: 
c 
Section 5A(2) (As inserted by the Representation of People (Amend-
D 
ment)) Act, 1981>-Constitutimial validity of 
Sikkim Assembly-Reservation of 12 seats out of 32 seats for Sikkimese 
of "Bhutia-Lepcha" origin-Whether violative of Articles 14, 170(2) and 
Gause (f) of Article 371-F-Whet/ler violative of Indian Constitutionalism-
Whether violative of P1inciple of Republicanisn.---EJ.1e/l/ of reservation of E 
seats-Whether disproportionate and violative of Article 332(3 ). 
~-
Reservation of one seat in favour of 'Sangha' (Budd/1ist Lamaic 
Religious Monasuies) with provision for election on the basis of separate 
electoral roll-IV/iether based on pure religious distincti01t-U1iether violative 
-
of Articles 15( I) and 325--Provision of reservation of Sanglia seat-Wliether F 
to be constnted as a n'on1ination. 
Constitution of India, 1950: 
Articles 1(3)!c), 2, 3, and 4. 
Admission of a new State into Indian Unio1t-Power of Parliament to 
i111pose tenns and conditions-Constitutional /i11Jitatio11s 011 power of Parlia-
ment-Wliat are-Tenns and conditions of admission of new State-Jus-
ticiability of-Doctrine of Political questio1t-Applicability of 
EJ.pression "as it thinks.fit" in Article 2--Meaning of 
891 
' . 
G 
H 
' 
892 
SUPREME COURT REPORTS 
[1993 I 1 S.C.R. 
A 
Attic/es 15 and 325: 
State Legis/atur~Rcservatwn of seats in favour of 'sangha' (Buddhist y---· 
Lamaic Re!tgious Mvnastries) with provision for maintenance of separate 
electoral m. '-Wliether violative of Attic/es I 5 and 325. 
B 
Atticle 371-F-Non-obstallle daus~Scope and effect of 
Clause (f)-IV/ietlrer violative of Basic Features of DemocraC)-
H1zetlrer violates 'one person one vote' ntle enshrined in Article 170(2J-r 
H11etlrer enables departure from Atticle 332( 3 ). 
C 
Article 332-State Legislatur~eservation of seats for Sc/ieduled Cas-
D 
E 
tes and Sclreduled Tribes-Clause (3)-Words 'As nearly as May be'-Scope 
of-H1iet/1er pennit deviation from prescribed proportion of Reservation. 
Words and Phrases: 
'Deniocratic Reprtblic'-'Den1ocracy' and 'Denrocratic'-Meaning of. 
On May 8, 1973, a tripartitr agreement was executed amongst the 
Chogyal (Ruler) ol' Sikkim, the Foreign Secretary to the Government of 
India and the leaders of the political parties representing the people of 
Sikkim which envisaged right of people of Sikkim to elections on the basis 
of adult suffrage, contemplate<! settin~ up of a Legislati\-e Assembly in }.. 
Sikkim to be reconstituted by election e\'ery four years and declared a 
commitment to free and fair elections to be overseen by a representative 
of the Election Commission of India. Para (5) of the said agreement 
provided that the system of elections shall be so organised as to make the 
F 
Assembly adequately representative of the various sections of the popula-
tion The size and composition of the Assembly and of the Executive 
Council shall be such as may be prescribed from time to time, care being ~ 
taken to ensure that no single section of the population acquires a 
dominating position due mainly to its ethnic origin, and that the rights 
and interests of the Sikkimese Bhutia Lepcha origin and of the Sikkimese 
G 
Nepali, which includes Tsong 
and Scheduled Caste origin, are fully 
protected. This agreement was effectuated by a Royal Proclamation called 
the Representation of' Sikkim Subjects Act, 1974, issued by the Ruler of )-
Sikkim. It directed the formation of Sikkim Assembly consisting· of 32 
elected members - 31 to be elected from territorial constituencies and one 
H Sangha constituency to elect one ~ember through on electoral college of 
-~. 
-
RC. POUDYAL v. U.0.1. 
893 
Sanghas. Consequently, elections for the Sikkim Assembly were held in A 
Aprii 1974. The Sikkim Assembly so elected and constituted passed the 
Government of Sikkim Act, 1974. Section 7 of the said Act gave recognition 
to paragraph 5 of the tripartite agreement dated May 8, 1973. In pur-
suance of this development the Constitution of India was amended by the 
Constitution (Thirty-Fifth Amendment) Act,
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