The Manipur High Court has modified its decree from the preceding year concerning the inclusion of Meiteis in the roster of Scheduled Tribes, which had triggered extensive ethnic turmoil in the northeastern state. The intricate ruling issued today omitted the directive to the state administration to contemplate the addition of Meiteis to the Scheduled Tribe list “expeditiously, preferably within four weeks,” a move that had irked the Kuki community.
Since May of the previous year, over 200 individuals have perished in the state, and a return to normalcy is yet to be realized.
In the current judgment, the High Court referenced a prior decree from a constitutional bench of the Supreme Court that delineated the protocol for the inclusion and exclusion of tribes in the Scheduled list. The onus lies with the Central government, with the judiciary having no role in the matter. The apex court also emphasized that courts lack the authority to modify, amend, or alter the ST list.
In its former pronouncement, the High Court asserted, “The first respondent (meaning the state) shall assess the case of the petitioners for the inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period of four weeks from the date of receipt of a copy of this order.”
Justice Golmei Gaiphulshillu’s present order stated that this directive contradicted the Supreme Court’s ruling in State of Maharashtra v. Milind & Ors, where the highest court articulated that courts cannot modify, amend, or alter the ST list. “Accordingly, the direction given at Para No. 17(iii) needs to be expunged and is ordered accordingly for deletion,” the judgment read.
The decree by the former Acting Chief Justice MV Muralidaran, issued on March 27, 2023, faced scrutiny from the Supreme Court when the Kuki community raised objections.
During a hearing in May of the preceding year, a bench led by Chief Justice of India DY Chandrachud strongly criticized the order, deeming it “obnoxious.”
“I will apprise you (lawyers) of one thing: 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 bench asserted.
“We gave time to Justice Muralidharan to rectify his error, and he did not. We have to take a strong view against it now. It is evident if High Court judges do not adhere to Constitution Bench judgments, what action should we take,” the bench declared. However, the order was not annulled as a case on it was pending in a division bench.
The adjustment to the court order, nevertheless, does not signify the conclusion for the Meiteis seeking inclusion in the Scheduled list.
The discussion is ongoing between the state and the Centre, which is anticipated to progress independently. On May 29 of the previous year, the Centre urged the state to submit its recommendations and the criteria upon which the Centre will make a determination on the matter. The state, however, is yet to dispatch this recommendation.