Introduction:

In a significant turn of events, the Manipur High Court revisits its 2023 order directing the State government to consider the inclusion of Meiteis in the Scheduled Tribes (ST) list. The contentious directive sparked ethnic tensions between Meiteis and tribal Kuki-Zo communities. The recent modification, responding to a review petition, withdraws the controversial direction, aligning with constitutional principles and the Supreme Court’s stance on the President’s exclusive authority in ST list matters.

Arguments:

The review petition, filed by the Meitei community, asserts that the original direction contradicted a Supreme Court Constitution Bench ruling, emphasizing that judicial directives cannot dictate the inclusion of a tribe in the ST list. The petitioners contend that their failure to present this crucial legal aspect during the initial hearing led to the misconception, urging the court to modify the order accordingly. On the other side, the State government, represented by Special State Counsel M. Rarry, defended the original order, while the Union of India, represented by DSGI Kh. Samarjit, monitored the proceedings.

Court’s Judgement:

Justice Golmei Gaiphulshillu, acknowledging the legal misinterpretation in the initial order, modifies it by deleting the contentious direction (Para No. 17(iii)). The court aligns its decision with the Constitution Bench’s observations in State of Maharashtra v. Milind & Ors., emphasizing the President’s exclusive authority in deciding ST list inclusions. The Meitei Tribe Union’s review petition is granted, and the court rectifies the order to adhere to constitutional principles.