Descendants cannot claim Sikkim Subject status without fulfilling mandatory conditions of predecessor's renunciation of former nationality.
In a significant ruling, the Sikkim High Court, presided over by Chief Justice A. Muhamed Mustaque, dismissed a writ petition filed by Shri Kishan Kumar Bhujel seeking inclusion in the Sikkim Subject Register. The judgment, delivered on July 10, 2026, emphasized the necessity for descendants to prove their predecessors' compliance with the Sikkim Subjects Regulation, 1961, particularly the renunciation of former nationality, to claim Sikkim Subject status.
The petitioner, a descendant of Lt. Padam Bahadur Bhujel, argued for his inclusion in the register, asserting his eligibility through his predecessor under the Sikkim (Citizenship) Amendment Order, 1989. However, the court found no evidence that Lt. Padam Bahadur Bhujel had renounced his former nationality, a mandatory requirement under Regulation 8 of the Sikkim Subjects Regulation, 1961. The court highlighted that mere domicile or birth in Sikkim was insufficient without proof of renunciation.
The judgment clarified that the Sikkim (Citizenship) Amendment Order, 1989, intended to rectify omissions from the Sikkim Subject Register between 1961 and 1975, did not create new rights but maintained the substantive conditions of the 1961 Regulation. The court underscored that descendants could not rely on the unexercised eligibility of their predecessors, emphasizing the need for evidence of compliance with all mandatory conditions.
In concluding its decision, the court upheld the rejection of the petitioner's application by the competent authority, stating there was no basis for interference with the impugned orders and letters. The dismissal of Writ Petition No. 67 of 2025 reaffirms the stringent criteria for claiming Sikkim Subject status, reinforcing the integrity of the Sikkim Subject Register.
Bottom line:-
Descendants cannot claim inclusion in the Sikkim Subject Register without evidence of their predecessor fulfilling mandatory conditions under the Sikkim Subjects Regulation, 1961, including renunciation of former nationality.
Statutory provision(s):
Sikkim Subjects Regulation, 1961 Regulation 3, Regulation 8; Sikkim (Citizenship) Amendment Order, 1989
Shri Kishan Kumar Bhujel v. Union of India, (Sikkim) : Law Finder Doc id # 2937980
