HC revokes part of order including Meiteis in ST list

Says paragraph is in conflict with Supreme Court Constitution Bench’s stance

The Manipur High Court has ordered removal of a paragraph from a March 2023 order that urged the state to consider including the Meitei community in the Scheduled Tribe (ST) list, saying the paragraph was in conflict with the Supreme Court’s Constitution Bench stance.

The March 27, 2023 directive, believed to be a catalyst in the ethnic unrest that claimed over 200 lives, was rescinded by a single-judge Bench of Justice Golmei Gaiphulshillu during a review petition hearing on Wednesday.

The contentious paragraph from last year’s verdict, instructing the state to expedite consideration of Meitei community inclusion, was deemed for deletion.

The paragraph of the last year verdict stated the state government “shall consider the case of the petitioners for inclusion of Meetei/meitei community in ST 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 necessity of removing the directive, pointing to the Government of India’s stipulated procedure for ST list amendments.

Justice Gaiphulshillu said, “Accordingly, the direction given at para no. 17(iii) needs to 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 highlighted the need 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 high court said in its 19-page verdict. The high court’s detailed 19-page verdict underlined the legislative limitations on judicial interference concerning Scheduled Tribe classifications, as outlined by a Constitution Bench ruling in November 2000.

“Courts cannot and should not expand jurisdiction to deal with the question as to whether a particular caste, subcaste; 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 verdict of Supreme Court’s Constitution Bench in November 2000 said.

The Constitution Bench had elucidated that courts should not overstep their jurisdiction in determining such categorisations.