The Aryavarth Express
Agency(New Delhi): The Manipur High Court recently took a decisive step by ordering the deletion of a specific paragraph from its March 2023 order. This paragraph had urged the state government to consider including the Meitei community in the Scheduled Tribe list. The court recognized that this directive was in conflict with the stance of the Supreme Court’s constitution bench.
In a hearing held on Wednesday, Justice Golmei Gaiphulshillu, presiding over a single judge bench, decided to rescind the March 27, 2023 directive. This decision was made during the review of a petition. The directive had previously been seen as a catalyst for significant ethnic unrest in the region, which resulted in over 200 casualties.
The controversial paragraph from last year’s verdict had instructed the Manipur state government to expedite the consideration for including the Meitei community in the Scheduled Tribes list. The court’s recent ruling emphasized the need to delete this directive, aligning with the Government of India’s established procedures for amending the Scheduled Tribe list.
Justice Gaiphulshillu’s February 21 ruling underscored the importance of this deletion. The judge referred to the constitutional protocol detailed in the Ministry of Tribal Affairs’ 2013-14 report, stressing the need to align with the Supreme Court’s constitutional interpretation.
In its detailed 19-page verdict, the high court highlighted the legislative limitations on judicial interference in matters concerning Scheduled Tribe classifications. This stance is consistent with a November 2000 ruling by the Supreme Court’s constitution bench. The bench had clarified that courts should not overextend their jurisdiction in determining such categorizations, emphasizing that such decisions are within the purview of parliamentary law.
Following the violent aftermath of the March 27 order, numerous petitions were filed in the Supreme Court, including challenges to the high court’s directive. On May 17 of the same year, the apex court criticized the high court’s directive, with Chief Justice D Y Chandrachud labeling it as “obnoxious” and considering a stay on the order due to its perceived inaccuracies.
While addressing the issue, the Supreme Court refrained from delving into the legal intricacies stemming from the Manipur High Court’s decision. This restraint was due to the pending challenges before a larger division bench.
The Supreme Court also encouraged tribal participation, especially from the Kukis, in the ongoing legal proceedings related to intra-court appeals.
This development sheds light on the intricate demographic dynamics in Manipur. The Meiteis, who comprise about 53% of the state’s population and predominantly reside in the Imphal Valley, have been at the center of this controversy. In contrast, tribals, including Nagas and Kukis, make up 40% of the population and mainly inhabit the hill districts.
