- The unrest in Manipur erupted after a protest march organized by the Kuki tribes sparked clashes with the non-tribal Meitei community.
- Violent clashes and deaths followed in the days after a Single Judge Bench of the Manipur High Court, directed that the State government “shall consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list.
- Chief Justice Chandrachud orally said a High Court does not have the power to direct changes in the Scheduled Tribes List. “It is a Presidential power to designate a Scheduled Caste or Scheduled Tribe.”
- A 23-year-old Constitution Bench judgment clearly held that no court or State has the power to “add, subtract or modify” the Scheduled Tribes List.
- In the meantime, Chief Minister N Biren Singh promises high-level inquiry against govt officials and urged people to maintain peace.
The unrest in Manipur erupted after a protest march organized by the Kuki tribes sparked clashes with the non-tribal Meitei community. The march was called to oppose the recent Manipur High Court order, which asked the state government to send a recommendation to the Centre regarding the demand to include the majority and predominantly Hindu Meitei community in the Scheduled Tribes (STs) list. At least 60 people have been killed, 231 injured and around 1,700 houses have been burned down in the violence in Manipur since then.
As Manipur and Central governments claimed the State is returning to normalcy, Chief Justice of India D.Y. Chandrachud wondered aloud why a 23-year-old Constitution Bench judgment which clearly held that no court or State has power to “add, subtract or modify” with the Scheduled Tribes List was not “shown” to the Manipur High Court in the first place.
Chief Justice Chandrachud orally said a High Court does not have the power to direct changes in the Scheduled Tribes List. “It is a Presidential power to designate a Scheduled Caste or Scheduled Tribe,” the Chief Justice observed.
Violent clashes and deaths followed in the days after a Single Judge Bench of the Manipur High Court, on March 27, directed that the State government “shall consider the case of the petitioners for 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”.
Article 342(1) of the Constitution is clear. The power is entirely that of the President. “It is not open to State governments or courts or tribunals or any other authority to modify, amend or alter the list of Scheduled Tribes specified in the notification issued under clause (1) of Article 342,” the Constitution Bench in the State of Maharashtra versus Milind had held in November 2000.
The Constitution Bench had held that a notification issued under clause (1) of Article 342, specifying Scheduled Tribes, can be amended only by law to be made by Parliament.
In the meantime, Chief Minister N Biren Singh promises high-level inquiry against govt officials and urged people to maintain peace. In his first public reaction to the ethnic clashes that have put the Northeast state on the boil, the Manipur CM also thanked Union Home Minister Amit Shah for monitoring the situation and sending central forces to restore normality at the earliest.
(With Inputs from agencies)
