Manipur High Court modifies the 2023 order that allowed inclusion of Meiteis in the ST list

The Manipur High Court on Wednesday has tweaked its order given last year on March 27 2023, directing the inclusion of the Meitei community in the list of the Scheduled Tribes, something that was attributed by many including the Union Home Ministry as what had triggered the mindless violence in the state. The first incident of violence was reported on May 3, 2023, soon after this High Court order and the violence lasted for several months claiming more than 200 lives and left more than 70,000 displaced.

The High Court in its Wednesday order has revoked the earlier order and asked for the deletion of that particular paragraph from the previous order. People belonging to the Kuki community had objected to the Meitei community being included to the ST list and thus had taken out a protest rally on May 3 last year which eventually turned violent.

“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 27.03.2023 passed in W.P.(C) No. 229 of 2023. [24] With this finding and direction, this review petition is disposed”, the order read

Referring to an order from the Constitution bench that upheld the idea that the inclusion and exclusion of tribes in the Scheduled list is within the domain of the Parliament, the High Court observed that the single judge bench order of March 27, 2023 should be impugned since it is against the order passed by the Constitution bench of the Supreme Court.

“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 Constitution Bench of the Supreme Court had observed during a matter of State of Maharastra V. Milind & Ors. (2001)