Editor's Pick: Manipur clashes | Modifications sought in the March 27 contentious High Court order

The Manipur High Court on Monday admitted a review petition seeking to modify its contentious March 27 order, which had directed the State government to recommend the inclusion of the Meitei community in the Scheduled Tribes (ST) list. It was this March order which had become one of the immediate triggers for the violent ethnic clashes in the State, where ethnic faultlines lie between the tribal Kuki community and the valley-dwelling Meiteis, a majority of whom are Hindus, with the rest following Sanamahism or Islam. The body seeking the modifications to the order is the Meitei Tribes Union (MTU), the very body which had filed the petition resulting in the March 27 order. The body says that in its earlier plea, it had only prayed for a direction that the State government should respond to the Centre on the Meiteis community’s request for inclusion in the Scheduled Tribes list of Manipur. However, the Manipur High Court’s order had directed the State government to “consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period four weeks from the date of receipt of a copy of this order…”. This is what became the root of the contentions raised about the order even by the Chief Justice of India D.Y. Chandrachud. The CJI had questioned last month why a 23-year-old Constitution Bench judgment which clearly held that no court or State has power to “add, subtract or modify” 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. On Monday, the review petition filed by the MTU was admitted for hearing by a Bench of Acting Chief Justice M.V. Muralidharan, who had authored the March 27 order passed on the initial writ petition filed by the union. Besides, an appeal against the March 27 order, filed by the All Manipur Tribal Union (AMTU), has been listed for its next hearing later this week. While it is important to note that the violence getting out of hand was partially a consequence of the inability of the N. Biren Singh-led BJP government to rise above the fray and act in an unbiased manner, this editorial in The Hindu points out that the Manipur High Court’s single judge Bench’s ill-thought-out order did exacerbate the situation. As the ethnic clashes continue to simmer after more than 45 days since they began, it is important for the High Court to tread carefully and keep historic precedents set by the Supreme Court in mind. Was this newsletter forwarded to you? 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[Arrow]( [Open in browser]( [Mail icon]( [More newsletters]( Manipur clashes | Modifications sought in the March 27 contentious High Court order The Manipur High Court on Monday [admitted a review petition]( seeking to modify its [contentious March 27 order,]( which had directed the State government to recommend the inclusion of the Meitei community in the Scheduled Tribes (ST) list. It was this March order which had become one of the immediate triggers for the [violent ethnic clashes]( the State, where ethnic faultlines lie between the tribal Kuki community and the valley-dwelling Meiteis, a majority of whom are Hindus, with the rest following Sanamahism or Islam. The body seeking the modifications to the order is the Meitei Tribes Union (MTU), the very body which had filed the petition resulting in the March 27 order. The body says that in its earlier plea, it had only prayed for a direction that the State government should respond to the Centre on the Meiteis community’s request for inclusion in the Scheduled Tribes list of Manipur. However, the Manipur High Court’s order had directed the State government to “consider the case of the petitioners for inclusion of the Meetei/Meitei community in the Scheduled Tribe list, expeditiously, preferably within a period four weeks from the date of receipt of a copy of this order…”. This is what became the root of the contentions raised about the order even by the Chief Justice of India D.Y. Chandrachud. The [CJI had questioned]( month why a 23-year-old Constitution Bench judgment which clearly held that no court or State has power to “add, subtract or modify” 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. On Monday, the review petition filed by the MTU was admitted for hearing by a Bench of Acting Chief Justice M.V. Muralidharan, who had authored the March 27 order passed on the initial writ petition filed by the union. Besides, an appeal against the March 27 order, filed by the All Manipur Tribal Union (AMTU), has been listed for its next hearing later this week. While it is important to note that the violence getting out of hand was partially a consequence of the inability of the N. Biren Singh-led BJP government to rise above the fray and act in an unbiased manner, this[editorial]( in The Hindu points out that the Manipur High Court’s single judge Bench’s ill-thought-out order did exacerbate the situation. As the ethnic clashes continue to simmer after more than 45 days since they began, it is important for the High Court to tread carefully and keep historic precedents set by the Supreme Court in mind. Was this newsletter forwarded to you? Head over to our newsletter subscription page to sign up for Editor’s Pick and more. [Click here.]( The Hindu’s Editorials [Arrow][Grassroots peace: on the local body elections in West Bengal]( [Arrow][Safety first: on Indian pharma products and drug safety]( The Hindu’s Daily News Quiz PM Modi has proposed that the African Union be given full membership of the G-20. How many member countries does the African Union have? - 47 - 55 - 26 - 32 To know the answer and to take the quiz, [click here.]( [Sign up for free]( [[Senthilbalaji to undergo surgery on June 21: T.N. Health Minister Ma. Subramanian] Senthilbalaji to undergo surgery on June 21: T.N. Health Minister Ma. 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