Manipur: The Manipur High Court has modified a 2023 order in which it issued path to the state authorities for contemplating the inclusion of Meiteis in the Scheduled Tribes (ST) list.
The High Court has ordered deletion of a paragraph from a March 2023 order that urged the state to contemplate including the Meitei group in the Scheduled Tribe list saying the paragraph was in battle with the Supreme Court’s structure bench stance.
It was after this order, the state witnessed widespread violence between tribal communities in which a number of individuals have been killed and lots of extra had injured.
The contentious paragraph from final yr’s verdict, instructing the state to expedite consideration of Meitei group inclusion, was deemed for deletion.
The paragraph of the final yr verdict acknowledged the state authorities “shall consider the case of the petitioners for inclusion of Meetei/Meitei community in the Scheduled Tribes list, expeditiously, preferably within a period of four weeks” from the date of receipt of the order.
Justice Gaiphulshillu’s ruling on February 21 emphasised the need of eradicating the directive, pointing to the Government of India’s stipulated process for Scheduled Tribe list amendments.
Justice Gaiphulshillu mentioned, “Accordingly, the path given at para no. 17(iii) must be deleted and is ordered accordingly for deletion of the para no.
17(iii) of the judgment and order dated March 27, 2023…”.
Referring to the constitutional protocol detailed in the Ministry of Tribal Affairs’ 2013-14 report, the court docket highlighted the necessity for alignment with the Supreme Court’s constitutional interpretation.
“… I am satisfied and of the view that the direction given at Para no. 17(iii) of the single judge dated March 27, 2023… which is impugned herein needs to be reviewed, as the direction given at para no. 17(iii) of the single judge is against the observation made in the constitution bench of the Supreme Court,” the excessive court docket mentioned in its 19-page verdict.
The excessive court docket’s detailed 19-page verdict underlined the legislative limitations on judicial interference regarding Scheduled Tribe classifications, as outlined by a structure bench ruling in November 2000.
“Courts cannot and should not expand jurisdiction to deal with the question as to whether a particular caste, sub-caste; a group or part of tribe or sub-tribe is included in any one of the Entries mentioned in the Presidential Orders issued under Article 341 and 342 particularly so when in Clause (2) of the said Article, it is expressly stated that said orders cannot be amended or varied except by law made by Parliament” the decision of Supreme Court’s Constitution bench in November 2000 mentioned.
The structure bench had elucidated that courts mustn’t overstep their jurisdiction in figuring out such categorisations.
Manipur HC directive to state challenged in SC
Following the eruption of violence submit the March 27 order, a collection of petitions, including challenges to the excessive court docket directive, have been introduced to the Supreme Court.
The apex court docket, on May 17 of the identical yr, denounced the excessive court docket’s directive as “obnoxious” and regarded staying the order resulting from its perceived inaccuracies.
A bench headed by Chief Justice D Y Chandrachud had mentioned, “I will tell you (lawyers) one thing that the high court order was incorrect… I think we have to stay the order of the high court. The high court order is absolutely wrong.”
The apex court docket bench had made clear it is not going to take care of authorized points arising out of the Manipur High Court’s choice on grant of reservation to majority Meiteis because the pleas difficult the order have been pending with the bigger division bench there.
Amid the authorized discourse, the Supreme Court shunned addressing the core authorized features arising from the Manipur High Court’s choice, because the challenges have been pending earlier than a bigger division bench.
The court docket invited tribal participation, notably from Kukis, in the continued authorized proceedings associated to the intra-court appeals. The violent unrest in Manipur, triggered by dissent over Meitei group’s Scheduled Tribe standing aspiration, underscores the advanced demographic material of the area.
Meiteis account for about 53 per cent of Manipur’s inhabitants and stay largely in the Imphal Valley, whereas tribals, which embody Nagas and Kukis, represent 40 per cent and reside primarily in the hill districts.
With inputs from PTI
