The Sikkim High Court has held that the Sikkim Citizenship (Amendment) Order 1989 did not dispense with the substantive conditions prescribed under the Sikkim Subject Regulation 1961. The High Court also clarified that a descendant is not entitled to seek inclusion in the Sikkim Subject Register without first establishing that his predecessor had fulfilled the mandatory conditions prescribed, that is, renouncing the former nationality.

The High Court was considering a Writ Petition filed by the descendant of one Lt. Padam Bahadur Bhujel. The matter related to the rejection of a Citizenship Certificate under the provisions of the Sikkim Citizenship (Amendment) Order 1989 and the inclusion of their names in the Sikkim Subject Register.

The Single Bench of Chief Justice A. Muhamed Mustaque held, “Therefore, in the light of the fact that there is absolutely no evidence to establish that Lt. Padam Bahadur Bhujel had renounced his former nationality or that he was born in Sikkim, the Petitioner being his descendant is not entitled to seek inclusion in the Sikkim Subject Register without first establishing that his predecessor had fulfilled the mandatory conditions prescribed that is renouncing the former nationality.”

Advocate Neha Gupta represented the Petitioner while Deputy Solicitor General of India Sangita Pradhan represented the Respondent.

Factual Background

The Petitioner’s predecessor, Lt. Padam Bahadur Bhujel, passed away in the year 2016 without submitting an application for naturalisation as a Sikkim Subject. The Petitioner traced his claim to the rights to make such an application as a natural descendant of a person who was allegedly eligible to apply by virtue of the Sikkim (Citizenship) Order, 1975. This Order was issued by the Government of India, Ministry of Home Affairs. The Order provided that every person who immediately before April 26, 1975, was a Sikkim Subject under the Sikkim Subjects Regulation, 1961, shall be deemed to have become a citizen of India on that day. The Regulation of 1961 was also repealed with effect from April 26, 1975.

Reasoning

On a perusal of the facts of the case, the Bench noted that there was substantial evidence to establish that Lt. Padam Bahadur Bhujel was eligible to apply for naturalisation as a Sikkim Subject. However, the renunciation of his former nationality was a matter of personal choice available exclusively to Bhujel to become eligible to be included in the Register as a Sikkim Subject. Considering that he did not exercise that option, the Bench stated, “Had he exercised that option at the relevant time, his descendants claiming through him, could have relied upon his eligibility to seek inclusion in the Register. However, in the absence of such renunciation, they are not entitled to claim inclusion in the Register merely on the basis that their predecessor was otherwise eligible to apply.”

The Bench further made it clear that the Sikkim (Citizenship) Order, 1975 and the Sikkim (Citizenship) Amendment Order, 1989, did not create any new substantive rights but reaffirmed and gave effect to the rights available under the Regulation of 1961.

“The scope of the 1989 Amendment Order was merely to enlarge the category of persons who could submit applications after the repeal of the Regulation, so as to rectify genuine omissions from the Register arising during the period between the years 1961 to 1975. The said Amendment Order did not dispense with or dilute, the substantive condition prescribed under the Sikkim Subject Regulation 1961, including the requirement of renunciation of former nationality wherever applicable”, it added.

Finding no scope for interference in the impugned orders, the Bench dismissed the Writ Petition.

Cause Title: Shri Kishan Kumar Bhujel v. Union of India (Neutral Citation: 2026:SHC:75)

Appearance

Petitioner: Advocate Neha Gupta

Respondent: Deputy Solicitor General of India Sangita Pradhan, Advocate Amit Kumar Sharma, Additional Advocate General Aarohi Bhalla, Government Advocate Thinlay Dorjee Bhutia

Click here to read/download Order


Sikkim High CourtJustice A. Muhamed Mustaque

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.