Supreme Court observes that High Court does not have the power to direct the grant of reservation

New Delhi, 8 May (Zoram News): The Supreme Court has adjourned a Special Leave Petition (SLP) challenging the order of the Manipur High Court that resulted in unprecedented violence between different tribes in the state.

The apex court directed measures to be taken for humanitarian care and asked for an updated status report to be placed before them on May 17, 2023. The Bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha and Justice J.B. Pardiwala noted the submissions of the Solicitor General, who stated that the State of Manipur is taking appropriate steps to curb violence.

Manipur High Court had passed an order on March 27, 2023, directing the State Government to submit a recommendation for the inclusion of the Meeteis/Meiteis in the Scheduled Tribe list to the central government. BJP leader and Hill Area Committee Chairman Dinganglung Gangmei challenged the order, stating that the High Court had no role to play in a political situation that had to be resolved politically. The petitioner contended that the order ambiguously and inadvertently gave rise to strong misgivings and tensions among the tribals and that the High Court ought not to have made the order passed, knowing the tenuous situation in the State.

The Supreme Court Bench stated that the original petitioner's lawyer should have informed the High Court that it did not have the power to pass the order it did. The Bench acknowledged that 52 companies of the Central Armed Police Force and 105 columns of the Assam Rifles had been deployed in Manipur to prevent violence. Helicopters and drones were also being used for surveillance, and relief camps were open for displaced persons, providing ration and medical assistance.

Earlier in  2022 Supreme Court has ruled that it is not within its jurisdiction to direct a state to provide reservation benefits for any specific class of citizens. The court cannot even ask a state to provide quantifiable data justifying reasons for not providing reservation. This ruling came as the bench set aside a 2019 order of the Punjab and Haryana high court, which had directed the state government to provide 3% reservation for sports persons.