Manipur Violence: Supreme Court says, “It is presidential power to designate a Scheduled Caste or Scheduled Tribe”

On May 08, 2023, the Supreme Court of India was hearing a batch of petitions on Manipur violence where Dinganglung Gangmei approached the Court against the Manipur High Court’s order regarding the Schedule Tribe status for the Meitei Community as a tribe of Manipur. The matter was mentioned before the Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice PS Narasimha. During the hearing, CJI Chandrachud said that the High Court has no power to direct changes in the Scheduled Tribes List. He further mentioned, “It is presidential power to designate a Scheduled Caste or Scheduled Tribe.” In a November 2000 order, the Constitution bench said, “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 bench further stated that the notification issued under the mentioned clause could only be amended by law. The five-judge bench said, “In other words, any tribe or tribunal community or part of or group within any tribe can be included or excluded from the list of Scheduled Tribes issued under clause (1) of Article 342 only by Parliament by law and by no other authority,” Also, the Constitution bench stated that “The Scheduled Tribes Order must be read as it is. It is not even permissible to say that a tribe, sub-tribe, part of or group of any tribe or tribunal community is synonymous to the one mentioned in the Scheduled Tribes Order if they are not so specifically mentioned in it.”