Descendants cannot claim inclusion in the Sikkim Subject Register based on a predecessor's eligibility if the predecessor failed to fulfill mandatory substantive conditions, specifically the renunciation of former nationality required under Regulation 8 of the Sikkim Subjects Regulation, 1961.

Appearance:

Ms. Neha Gupta, Advocate for the Petitioner.

Ms. Sangita Pradhan, Deputy Solicitor General of India with Mr. Amit Kumar Sharma, Advocate for Respondent No. 1.

Mr. Aarohi Bhalla, Additional Advocate General with Mr. Thinlay Dorjee Bhutia, Government Advocate for Respondent Nos. 2 to 4.

Judgment Reserved on : 23.06.2026

Judgment Pronounced on : 10.07.2026

Judgment uploaded on : 10.07.2026

J U D G M E N T

(A. Muhamed Mustaque, C.J.)

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

The question considered by the competent authority was whether Lt. Padam Bahadur Bhujel was entitled to be treated as a Sikkim Subject as defined under the Sikkim Subjects Regulation, 1961 . The scope of the inquiry was confined to the eligibility of Lt. Padam Bahadur Bhujel to be treated as a Sikkim Subject under the said Regulation.

The Sikkim Subjects Regulation, 1961 , was promulgated in the erstwhile Kingdom of Sikkim by the Chogyal of Sikkim in the year 1961. Thereafter, Sikkim became a part of India in the year 1975.

The object of the Regulation was to confer the status of a Sikkim Subject upon certain classes of persons domiciled in the territory of Sikkim immediately before the commencement of the Regulation. There were two primary classes of persons who were eligible to be classified as Sikkim Subjects, as provided under Regulation 3 of 1961. The first category comprised persons born in the territory of Sikkim and residing therein. The second category comprised persons domiciled in Sikkim who had resided there continuously for not less than fifteen years immediately preceding the commencement of the Regulation. There is no doubt that persons claiming through a lawful marital relationship or a descendants of persons falling within either of these categories, would also become eligible to be classified as Sikkim Subjects.

The Rules framed under the Regulation prescribed the procedure for making an application for naturalisation as a Sikkim Subject. Under Regulation 8 of the Sikkim Subjects Regulation, 1961 a person who was a citizen of another country and sought naturalisation as a Sikkim Subject was required to take an oath of allegiance and renounce his or her former nationality. The Rules also mandates the maintenance of the Sikkim Subject Register. A prescribed application form is also provided under the Rules for seeking a Certificate of Naturalisation as a Sikkim Subject.

The Petitioner’s predecessor, Lt. Padam Bahadur Bhujel passed away in the year 2016, he never submitted 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 26.04.1975 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 26.04.1975.

The issue in this case will have a far reaching effect on the rights of the descendants to claim for inclusion of their predecessor in the Register of Sikkim Subject.

It appears that representations were submitted before the Union Government and the State Government pointing out that several persons, though otherwise eligible to be entered in the Sikkim Subject Register under the Sikkim Subjects Regulation, 1961 , had been omitted. Taking note of such representations, the Ministry of Home Affairs, Government of India issued the Sikkim (Citizenship) Amendment Order, 1989. The said Order amended the Sikkim (Citizenship) Order, 1975 . Under the Amendment Or