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HC has no power to direct state government to recommend ST: Supreme Court

The Supreme Court bench comprising Chief Justice of India (CJI) DY Chandrachud, justice PS Narasimha and justice JB Pardiwala considered the petitions filed by the Manipur Tribal Forum and Hill Areas Committee.

ByIFP Bureau

Updated 10 May 2023, 2:33 pm

Supreme Court of India (PHOTO: WikimediaCommons)
Supreme Court of India (PHOTO: WikimediaCommons)

The Supreme Court, while hearing the matters pertaining to the unrest in Manipur, remarked that the Manipur High Court did not have the power to direct the state government to recommend a community for ST status.

The Supreme Court bench comprising Chief Justice of India (CJI) DY Chandrachud, justice PS Narasimha and justice JB Pardiwala considered the petitions filed by the Manipur Tribal Forum and Hill Areas Committee.

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The HAC petition argued that the high court direction to recommend the Meitei or Meetei community in the ST list does not fall within the HC jurisdiction. 

During the hearing, the bench said that there were several SC judgment which held that the HC could not direct the grant of ST status to a community.

"The HC does not have the power, it's a presidential power," the CJI said during the hearing.

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The CJI mentioned in a case of Maharastra verses Milind that the state government or court or tribunals or any authority cannot modify, amend or alter the list of ST specified in the notification issued under clause (1) of Article 342.

The CJI issued a strong direction to the HC, saying that the state shall consider the case of the petitioners for inclusion of Meitei or Meetei community in the ST list.

Also Read: Manipur Violence: Posers on Dolaithabi incident and the unanswered questions

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manipur high courtmeeteisupreme courtmeiteist status

IFP Bureau

IFP Bureau

IMPHAL, Manipur

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