Gauhati High Court Strongly Backs Sikkim’s Strict COI Rules – Third Generation Not Eligible!
Gauhati High Court Strongly Backs Sikkim’s Strict COI Rules – Third Generation Not Eligible!
Gangtok, April 12 : (Bishnu Neopaney) : In a big win for Sikkim’s old policy, the Gauhati High Court has upheld the State government’s decision to issue Certificate of Identification (COI) only for government jobs and not for any other purpose. The court also ruled that this benefit will not be passed on to grandchildren (third generation).
The Division Bench of the Gauhati High Court, led by Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, delivered this important judgment on 8th April 2026. The court set aside an earlier 2020 order of the Sikkim High Court that had declared the restrictions unconstitutional.
What was the dispute?
In 1995 and 1996, the Sikkim government had issued notifications allowing COI to certain people — mainly those whose parents or spouses worked in the Sikkim government before 31 December 1969. However, these certificates came with a clear condition: “COI is only for employment and for no other purpose.”
A 2006 clarification further stated that even the grandchildren of such people would not be eligible for COI.
A single judge of the Sikkim High Court in 2020 had struck down these restrictions, calling them unfair and against the fundamental rights of equality and dignity. The judge had ordered that third-generation applicants should also get the same benefits.
Gauhati High Court’s Strong Stand
The Division Bench completely disagreed with the earlier judgment. The court said Sikkim is not like any other state — it has special protection under Article 371-F of the Indian Constitution, which safeguards Sikkim’s unique history, laws, and traditions that existed before it merged with India.
The judges clearly explained:
- A COI is not the same as being a “Sikkim Subject” or Indian citizenship. It is simply an administrative document mainly meant for public employment.
- Since the 1970s, COI has always been linked only to jobs in the government.
- The difference in treatment between original Sikkim Subjects and others is based on valid historical reasons and is not discriminatory.
On the issue of grandchildren, the court observed that benefits given due to special historical circumstances cannot go on forever. Limiting the benefit to direct children (and not extending it to grandchildren) is reasonable and practical.
The bench said the State government has every right to make such policies to protect local interests. It also advised people who want full recognition to apply for inclusion in the Sikkim Subjects Register through the proper Central Government committee.
Final Outcome
With this ruling, Sikkim’s long-standing policy on COI has been firmly upheld. The State can now continue to regulate who gets employment benefits while respecting its special constitutional status under Article 371-F.
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