VidhiSangh

Supreme Court of India · 13/01/2023

ASSOCIATION OF OLD SETTLERS OF SIKKIM AND ORS. versus UNION OF INDIA AND ANR.

[2023] 10 S.C.R. 289 · 2023 INSC 29

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Summary

Section 10(26AAA) of the Income Tax Act exempts 'Sikkimese' from income tax, defining them by reference to the Register of Sikkim Subjects. This left out old Indian settlers who had not given up Indian citizenship before Sikkim's merger in 1975. Its proviso also removed the exemption from Sikkimese women who married non-Sikkimese men on or after 01.04.2008. Both Judges struck the proviso down as gender discrimination violating Articles 14, 15 and 21, with no rationale for the cut-off date. Shah J. held that excluding pre-merger Indian settlers was arbitrary and read them into the definition. Nagarathna J. directed the Union to amend the Explanation. Meanwhile, under Article 142, a clause covering anyone domiciled in Sikkim on or before 26.04.1975 was to be read in.

Issues

  1. Whether the definition of 'Sikkimese' in the Explanation to Section 10(26AAA) of the Income Tax Act, 1961 is discriminatory insofar as it excludes Indians settled in Sikkim before its merger on 26.04.1975 whose names are not in the Register of Sikkim Subjects.
  2. Whether the proviso excluding a Sikkimese woman who marries a non-Sikkimese on or after 01.04.2008 violates Articles 14, 15 and 21.

Provisions considered

Held

Result

Writ Petition (C) No. 59 of 2013 and Writ Petition (C) No. 1283 of 2021 under Article 32 disposed of: the proviso to Section 10(26AAA) struck down, and the exemption extended to Indians domiciled or permanently settled in Sikkim before 26.04.1975, with Nagarathna J. directing amendment of the Explanation and an interim reading-in under Article 142; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 289.