Sikkim Bar Association urges President Murmu to defer Governor-designate’s oath taking ceremony

The Bar Association of Sikkim has urged President Droupadi Murmu to defer the swearing-in ceremony of the state’s Governor-designate, scheduled for October 19, citing unresolved controversies surrounding the appointee’s name in connection with the 2022 Ankita Bhandari murder case in Uttarakhand.

In an urgent representation submitted on October 18, the association asked Rashtrapati Bhavan to keep the warrant of appointment in abeyance until the allegations and demands for an investigation are examined and the matter is conclusively resolved by the competent authorities.

The representation, submitted by the association’s general secretary, said the request was based on concerns over public confidence in constitutional institutions and the need to uphold standards of probity in high public office.

The Bar Association clarified that it was not seeking to prejudge the Governor-designate’s guilt, noting that the matter remains subject to judicial consideration. However, it argued that the continued public controversy surrounding the appointment warranted a review of the timing of the oath-taking ceremony.

The association also raised constitutional concerns, citing Articles 159 and 361 of the Constitution. Article 159 prescribes the oath or affirmation to be made by a Governor before entering office, while Article 361 provides the President and Governors with constitutional immunities, including protection from criminal proceedings during their respective terms of office.

According to the representation, proceeding with the swearing-in before the controversy is resolved could complicate investigative processes and raise questions about the transparency of any inquiry. It also warned that the situation could affect public confidence in the neutrality of the Governor’s office, which is to function as Lok Bhavan.

The association has requested President Murmu to direct the immediate postponement of the October 19 ceremony and keep the appointment warrant in abeyance until the Governor-designate is cleared by the competent investigative authorities. It said the measures were necessary to protect institutional integrity and maintain public confidence in constitutional governance in Sikkim.

Copies of the representation have also been sent to the Sikkim Chief Minister, the Prime Minister’s Office, Union Home Minister and Sikkim Chief Secretary for their consideration.

The representation places the proposed appointment under scrutiny ahead of the scheduled oath-taking ceremony. Any decision on postponing the ceremony or withholding the appointment warrant rests with the competent constitutional authorities.