The Gauhati High Court has upheld the Sikkim Government’s policy on the issuance and use of the Certificate of Identification (COI), setting aside a previous judgment of the Sikkim High Court that had struck down key restrictions.
The Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury delivered the judgment on April 8, 2026, in connection with a writ appeal filed by the State of Sikkim. The appeal challenged the 2020 decision of the Sikkim High Court, which had declared certain provisions in government notifications as unconstitutional.
At the center of the case were notifications issued in 1995, 1996, and a clarification in 2006, which restricted the use of COI for a particular category of individuals—mainly those whose parents were in government service before December 31, 1969—to employment purposes only. The earlier Sikkim High Court ruling had termed these restrictions arbitrary and violative of fundamental rights.
However, the Gauhati High Court disagreed, stating that the earlier judgment failed to consider Sikkim’s unique constitutional and historical context. The Court emphasized the importance of Article 371-F, which grants special protections to the State and preserves laws that existed prior to its merger with India in 1975.
The Bench observed that the classification among different categories of COI holders was not arbitrary but based on long-standing legal and administrative frameworks, including the Sikkim Subjects Regulation, 1961, and subsequent government rules. It further noted that such distinctions were part of a consistent policy aimed at safeguarding the interests of original Sikkimese residents.
The Court also referred to earlier Supreme Court rulings that upheld preferential treatment for local residents in public employment, reinforcing the legality of the State’s approach.
Importantly, the judgment reaffirmed that policies limiting COI benefits for certain groups to employment purposes were valid and in line with historical practices. It also underscored that continuity of pre-merger laws was essential to ensure a smooth transition and maintain socio-economic balance in the State.
With this ruling, the Gauhati High Court has restored the State Government’s authority to regulate COI issuance and usage, overturning the earlier relief granted by the Sikkim High Court. The verdict is likely to have implications for identity, employment rights, and administrative policies in Sikkim.
