Friction or Fact : Who owns Darjeeling Hills and Terai – Sikkim or Bengal ?

SUBASH MANI SINGH

With reference to the Statesmen Dated 7th July 2026, news column captioned, “Shyama Prasad saved Bengal from being cut off from India”.

As per the pre and post Independence laws the captioned phrased using the term Bengal only sends the entirely different message. The reference legally should have been addressed as West Bengal Province which is an entirely different question as neither East Bengal or West Bengal not formed then. In fact West Bengal State was only formed in 1956 under the State Reorganisation Commission by enacting the legal provision and safe guard under the Absorbed Areas (Law) Act 1954, Darjeeling District as the Partially Excluded Area under the Government of India Act 1935 and the Government of India Excluded and Partially Excluded Areas Order 1936.

It is our earnest view particularly in reference to the writings of the book the “The Roadmap to the trail of Gorkhaland – subtitled “Partially Excluded Area the Constitutional guarantee” by Mr. Karma T Pempahisshey. Since to publication of the Book in 2013, it is known that Darjeeling District has a legal right to demand a separate under the phraseology - Partially Excluded Area (PEA) which guarantees all such areas the right to self determination by the people or the right to self government within the federation of India. This right is cited in the United Nation Declaration on the Rights of Indigenous People adopted by the Union Nation Human Right Commission on 29th June, 2006. In India the indigenous people are referred to as the “Adivasi” and in the constitution of India their rights are safeguarded under the title “Scheduled Tribes” under Schedule Tribes Order 1950.

Under the Indian Constitution the only legal right to new state formation is provided as per the Govt. of India Act 1935 and Order 1936, the chronological  details of the rights and the formation of the Provinces and States are serially mentioned in Pages 201-204, since 1947 to 2014 of the referred book above. As per the book the last three new states created in 2000 were Chhattisgarh, Uttarakhand and Jharkhand. The last state of Telengana was created in 2014, after the publication and hence not mentioned in the book.
After having understood the above legal processes (Excluded & Partially Excluded Areas rights transmitted to the provisions of Fifth and Sixth Schedules of the Constitution of India in 1950.

Having access to the above constitutional affairs to new state formation in India, it is most questionable to my understanding that according to the newspaper version cited quote “The Prime Minister claimed that during the period leading to Independence, there had been attempts by political forces to separate Bengal from India and that even Congress had eventually accepted those plans. Mr. Narendra Modi said Shyama Prasad Mukherjee emerged as the key figure who resisted such efforts and launched a movement for a separate homeland for Bengali Hindus within India.”   

According to this writer’s perception of the legality of state formation is only provided by the GoI Act of 1935 and the Order 1936, wherein the Darjeeling District (PEA) and the Chittagong Hill Track (EA) present Bangladesh, which were identified by the Boundary Commission headed by lawyer Sir Cyril Radcliffe, who was commissioned for the assignment for a fee of Rupees forty thousand, which most queer refrained from accepting. This matter deserves the important question. What was his reason for non acceptance of the fees? So who deserves the claim more for creating the quote “separate homeland for Bengali Hindus”. The cost of the partition unfortunately was one of the most horrible and insane affair in the recorded history of Independent India, and the taste of the fruit still bitter in the mouth of the every Indian for many years to come.

With so much of importance given to honorable Shyama Prasad Mukherjee by the Prime Minister it is most grievous to reckon that Darjeeling District as the Partially Excluded Area is yet to receive its constitution rights to internal self determination since the enactment of the Absorbed Areas (Laws) Act 1954, whence rest of the country was receiving its rights, Statehood (under the Fifth & the Sixth Schedules of the Constitution) including state of Telengana, invoking provision of Fifth Schedule (Partially Excluded Area of Andhra Pradesh).

The Telengana was the last state formed in the country on the basis of the Fifth Schedule. Now the very critical question remains why and when Darjeeling District (Darjeeling, Kurseong, Kalimpong and Siliguri), which ancient region belonged to the kingdom of Sikkim, determined in the GoI Act 1935 and Order 1936 as the Partially Excluded Area. The gamut of areas determined as EA and PEA have all been created as new states in India (1947--2026) 80 years, who are enjoying their political rights as Indian citizens, whereas this right according to above perception, has been denied to the people Darjeeling District and presently including Kalimpong District, till date. How long will the people of the ancient Sikkimese Darjeeling hills and Terai be denied their legal socio-economic and political rights as Indian citizens. While Sikkim merged in India in 1975 have been provided all the legal and constitutional rights, very sad and unfortunately the Sikkimese Darjeeling hills and Terai people have been denied their constitutionally guaranteed rights.

Are the Sikkimese people aware of their historical bond with the inhabitants of land across the holy rivers of Teesta and Rangeet ? To deny this truth borders on ethical and moral humane principles.

(Subash Mani Singhis Convenor-Gorkha Sewa Sena,Darjeeling. Views are personal. Phone: 97330 77016)