Manipur HC withdraws contentious part of the order on ST tag for Meiteis

Syllabus: GS-I

Subject: Society and Social Justice

Topic: Welfare schemes, mechanisms and institutions related to STs,

Issue: Scheduled Tribes List

Context: Manipur High Court ordered removal of a paragraph of its previous judgement, which instructed the Manipur government to consider the inclusion of Meiteis in the list of Scheduled Tribes.

Background:

  • In March 2023, Manipur High Court had asked the state government to consider inclusion of the Meetei/Meitei community in the Scheduled Tribe list.
  • This direction might have triggered the ongoing ethnic conflict between the Meiteis and the tribal Kuki-Zo communities in the State.

Article 342:

  • Power of the president to issue by public notification, the list of Scheduled Tribes.
  • Parliament has the power to make inclusions/exclusions from such a list.

+1 Advantage

Related Case Law: State of Maharashtra versus Milind,2000

“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 Article 342” – Supreme Court.

Therefore, neither the High Courts nor the Supreme Court has the directory or advisory powers regarding Article 342.

The error in the earlier judgement of Manipur High Court is being corrected now.

Procedure of inclusion/exclusion:

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