TODAY -

CMís referring of Meitei ST demand to ST Commission is ultra vires

Ningombam Bupenda Meitei *



This writing of mine, which could also be perceived as a personal opinion, is indeed a matter of public importance. It is to present a constitutional argument on the basis of the statement made by the incumbent Chief Minister of Manipur in the ongoing Manipur Legislative Assemblyís session. The statement of the Chief Minister is reported in The Sangai Express (English Edition), dated the 3rd of August, 2017 .

The argument is: the Chief Ministerís referring of Meitei/Meetei ST demand to Manipur State Commission for ST is ultra vires. Therefore, the withdrawal of the statement, stated by the Chief Minister of Manipur in the State Legislative Assembly with regard to referring the matter of Meitei/Meetei for ST demand to Manipur State Commission for ST, has to take place before this session of the House ends.

Manipur Cabinet under the state's Chief Minister shall recommend for the state's Governor to recommend Meitei/Meetei ST to the Government of India. In case of a need for a report to be submitted for the required facts, the Chief Minister may constitute a Committee headed by the state's Chief Secretary to look into the matter to expedite the recommendation of Meitei/Meetei for the inclusion in the ST List of India to the centre.

It is in this regard, that the Chief Minister's statement, on the floor of the House in the Legislative Assembly, on referring the issue to the Manipur State ST Commission, is constitutionally not viable. Therefore, to honour the House, the Chief Minister shall withdraw the statement from the House while the House is in session; otherwise, the statement, which cannot be prevailed upon by any executive order taken outside the House, has to go through for the next winter session, in December, to be looked into whether the statement ought or ought not to be there in view of the jurisdiction and powers of the said Commission, enshrined under the Manipur State ST Commission Act 2014, with regard to making any report on a community which is not yet enlisted in the ST (Scheduled Tribe) List of India.

Therefore, in preserving the spirit of the Constitution of India, there needs to be a review or a discussion on the said statement tabled by the Chief Minister in the House with regard to the demand of Meitei/Meetei for ST.

The reasons why there needs to be a discussion on the Chief Minister's statement in the House are;

(1) On National Commission for Scheduled Tribes (NCST):

On the 89th Amendment of the Constitution coming into force on 19th February 2004, the National Commission for Scheduled Tribes has been set up under Article 338A on the bifurcation of the erstwhile National Commission for Scheduled Castes and Scheduled Tribes to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution.
(Source: http://tribal.nic.in/Content/NationalCommissionforScheduledTribesOrganisations.aspx )

(2) On Manipur State Commission for Scheduled Tribe (MSCST):

On the floor of the House in the last Manipur Legislative Assembly, the then Deputy Chief Minister & Tribal Affairs Minister stated in the House, while passing the Manipur State Commission for the Scheduled Tribes Bill 2014, that: "National Commission for Scheduled Tribes has already been set up at the national level. In line with this development, the need for establishment for the State Commission for Scheduled Tribes was also growing in the State."
(Source: http://www.thesangaiexpress.com/house-okays-st-commission-bill/ )

In view of (1) & (2), it concludes that NCST is to oversee the implementation of various safeguards provided to Scheduled Tribes under the Constitution, and therefore, the establishment of MSCST, on the line of NCST, shall also be to oversee the implementation of various safeguards provided to Scheduled Tribes in Manipur under the Constitution of India. It is in this regard, that Meitei/Meetei community which is not ST, as yet, under the Constitution of India, is not sanctioned/ safeguarded/ constitutionally granted under the Constitution of India to refer its demands for the inclusion in ST List of India to the said State Commission for ST.

By referring the matter to the said State Commission for ST, Manipur Chief Minister, on the floor of the House, has dishonoured the Constitution of India - which empowers the Act on only ST's safeguards - and therefore, knowingly (if so, then it leads to misleading the House) or unknowingly (if so, then officials reporting to the Chief Minister need to be corrected) has also misled the House.

It is at this point, there arises a need to withdraw the statement stated in the House to preserve and protect the ethos and sanctity of the Constitution of India. And, the withdrawal of the statement has to take place before this session of the House ends, otherwise either the whole state has to wait for a Special session or the next session in the winter to discuss/ debate on or withdraw the statement.

The very act of the Chief Ministerís referring the matter on a community which is not ST to the State Commission for ST is beyond the Act established to form the said Commission. Neither the Chief Minister has an authority to refer the matter to the said Commission nor the said Commission is empowered under its Act, as per the Constitution of India, to even make any assessment on whether Meitei/Meetei is to be recommended for ST or not. Hence, the act and the aforementioned statement stated by the Chief Minister on the floor of the House stands ultra vires.


* Ningombam Bupenda Meitei wrote this article for e-pao.net
This article was posted on August 4, 2017.


* Comments posted by users in this discussion thread and other parts of this site are opinions of the individuals posting them (whose user ID is displayed alongside) and not the views of e-pao.net. We strongly recommend that users exercise responsibility, sensitivity and caution over language while writing your opinions which will be seen and read by other users. Please read a complete Guideline on using comments on this website.




LATEST IN E-PAO.NET
  • Manipur Sangai Festival 2016 #7 : Ooba
  • Cultural Program @ MCA :: Gallery
  • Parihal, Nimshimphy, Neilianthang: eMing
  • Ningol ChakKouba @MBC #3 :: Gallery
  • Oh dear Daddy, see I a Native Proud: Poem
  • Buddha's metta and karuna #3
  • Narendra Modi will never play Nehru
  • Photo Caption Contest by Whakal.com
  • General Call to All Former NPF Leaders
  • Penguin Readathon & Book Gifting
  • ENNG opposes inclusion of TCL..
  • Report alarm for Arunachal
  • Loktak witness drastic fall in migratory birds
  • Lecture on 'Rohingya Resettlement'
  • 'Weaves of Ching-tam' @London :: Gallery
  • Opening: Jadonang Football #1 :: Gallery
  • Robert's Weaves of valley & hills at London
  • Remembering boy..felled by fake encounter
  • Reorganisation of North Eastern Council #1
  • Sangai Photo Awards 2017 : Contest
  • The Killing Fields (2013-17) :: Timeline
  • Meeyam meekup nahum singna leibiyu
  • HighWays : Govt. needs seriousness
  • Singcha Wuya Won @Kamjong #4 :: Gallery
  • SDG Consultation: NE :: Gallery
  • North East Fashion Week #1 :: Gallery
  • Distribution Patterns of the Asian Eye
  • Sustainable Development Goal Consultation
  • Wrangle in Mapithel dam: Legal perspective
  • In the Slums of Heaven :: Poem
  • Wreath Laying Ceremony for AR Martyrs
  • Time to take a bow, Robert
  • Create jobs for NE to stop trafficking
  • Indo-Naga Talks 2017 :: News Timeline
  • March: Mera Houchongba #4:: Gallery
  • Sin-Lang Fest @DM College #2 :: Gallery
  • Sangai Festival: Ideas for a change
  • A shadowy dreamer :: Poem
  • Winter - A blessing in disguise for us ...
  • Course in Nanotechnology at NEHU
  • Pamel : Serene Natural Hub, near Lamlai
  • Vacancy at YVU Financial Services, Thoubal
  • System Operators @PR Enterprise, Khurai
  • Just by showing concern will not change..
  • Food Stall @Phayeng #2 :: Gallery
  • Miss Kut #3 :: Gallery
  • The moment :: Poem
  • Board exams decoded
  • 3rd NE Fashion at Itanagar: Day 2
  • Conference : North East in Globalized Era
  • NE-IAS launched to support Startup India
  • Painting Competition on Conservation
  • Ramkung Pamei is new MHJU Chief
  • Charuangc 2017: Rongmeis in Delhi & NCR
  • Priyogopal (Senior Artist)- Photo :: eRang
  • Kabui Dance @Jadonang Football:: Gallery
  • Fashion @NE Festival, Delhi :: Gallery
  • Deviance and Corruption in Kangleipak
  • Applied health research is vital to #endTB
  • 3rd NE Fashion at Itanagar: Day 1
  • Tri-nation Motorcycle Rally reach Imphal
  • Traffic woes continues
  • Kwatha festival #1 :: Gallery
  • Kokkhum Festival #1 :: Gallery
  • Special Rapporteur on Human Rights
  • The threat to balkanize Manipur
  • Cry of a Dying River - 6 :: Poem
  • Biological based integrated Congress grass
  • 3rd Audition of Fagi Unplugged
  • Sadar Hills District Demand: News Timeline
  • Of clean environment
  • Paonam Lily (Archery) Reception :: Gallery
  • North East Fest @ Delhi :: Gallery
  • Girls Football- Nov 4 #2 :: Gallery
  • IBSD, India & VITO, Belgium signed MOU
  • First angioplasty for in-stent restenosis
  • RIST Popular Talk-33: Quantum Hall states
  • Commonwealth alumni event of NE
  • Lecture on The Rohingya Conundrum
  • Tri-National Motorcycle Rally
  • 3rd North East Fashion Week at Itanagar
  • ILP Nov 30 deadline: Why not only for valley
  • Expected changes, do we see ?
  • Festival of Raas Leela #2 :: Gallery
  • Sin-Lang Fest @DM College #1 :: Gallery
  • Hari Uthan- Kang Chingba #2 :: Gallery
  • Code of silence: Concealing gender justice
  • God Rules Over All :: Poem
  • Five day 'Flower Show' at Ukhrul
  • Go birding to honour Bird Man of India
  • Inner Line Permit (ILP) Demand :: Timeline
  • Uphul Waiphul and Leikhom Leinang
  • A reminder to Central Govt.
  • Assam, Manipur bid to better ties
  • Ningol Chak-Kouba @Pune :: Gallery
  • Miss Kut #2 :: Gallery
  • Meitei Pictographic Writings :: Book Review
  • Careers related to mental health
  • Beauty & Money for a purpose
  • Human rights infractions in Mapithel Dam
  • AMAND Ningol Chakouba at Pune : Report
  • Chef Required at Kakching
  • NHPC Raising day at Loktak Power Station
  • Mary Kom enter Asian Ch'ships final
  • Of ST demand, ILP, peace talk
  • For elderly people
  • Prof. Nongmaithem Tombi Singh : A Profile
  • Hazari/ Tombi Polo Tournament #2:: Gallery
  • U-17 Footballer honored by Guv :: Gallery
  • Just in favour of nocturnal life
  • Dance of Fire Flies at Autumn :: Poem
  • North East Festival bids farewell
  • Protest over Naga pact
  • Agenda of Govt spelt out at DBC, Maram
  • Nurturing the future
  • Ningol Chak-Kouba @Delhi #2:: Gallery
  • NE Fashion Weekend @Delhi #1 :: Gallery
  • History will not forgive us
  • A girl :: Poem
  • Pre-merger political party struggle
  • JRF wanted at NIT Silchar
  • Nationalist Democratic Progressive Party
  • Welcome to Southern Nagalim greeting
  • March: Mera Houchongba #3:: Gallery
  • Girls Football- Nov 4 #1:: Gallery
  • Taxi- raising Air Pollution in Ukhrul
  • Back to basics to #endTB: Do it right
  • Man with Flower's Life :: Poem
  • Skill development training with MUDA
  • Quiz Competition at NE Festival
  • Free cataract operation at Loktak
  • Traffic control- still a flop show
  • Pui Thangamliu -Photos #1 :: eRang
  • NH7 Weekender [28 October] :: Gallery
  • Surjalal: Fellow of American Physical Society
  • Ithai Barrage for Irrigation: Beautiful Promise
  • NE Festival 2017 starts off
  • The Sun & the Cloud :: Poem
  • Land encroachment at Lamka College
  • Salesian College Grabs UK Project
  • Nagaland CM met Rajnath reg. Naga issue
  • Ranked 5th in women safety: stereotyping?
  • Prime focus
  • Miss Kut #1 :: Gallery
  • Hari Uthan- Kang Chingba #1 :: Gallery
  • Kangujam Chinglensana (Hockey) feted
  • reach the tipping point for childhood TB?
  • A round of applause for N Biren, CM..
  • Link Research with Education for NE
  • Culture is beyond Religion: Najma Heptulla
  • Vacancies @ Chirag Estate, Gurgaon
  • Defection of some party workers : NPCC
  • ST for Meiteis: Final say rests with Delhi
  • Understanding responsibility
  • Chavang Kut @Tengnoupal :: Gallery
  • Sub-Junior Girls Football #2:: Gallery
  • A crusade for a greener Manipur
  • Tourist Guide as career option #2
  • 'Govt working for inclusive development'
  • Namsai gets Buddha relic from Thailand
  • 5th NE Festival at Delhi: Program Schedule
  • 20th Asian Charter for Human Rights: Video
  • National Unity Day at Ukhrul
  • NPF MLA present at all parties meet
  • Of three Ws and Politics
  • Ningol Chak-Kouba @Delhi #1:: Gallery
  • Happy Kut Wishes :: e-pao Flash
  • Let's be racist
  • 3rd Ningol Chakouba, Delhi : A Report
  • Dr. Rahejuddin Sheikh : Best Director Award
  • I Am In You To Feel Myself :: Poem
  • Conference: North East in Globalized Era
  • Seeking contributions : Library Centre
  • RGU Celebrated National Unity Day
  • Run for Unity organized by AR
  • Of traffic chaos and mad rush
  • What if Pan Naga Hoho is final settlement
  • Chothe: Shabu Hong Rein :: Gallery
  • Eyek Tamba :: Learn Manipuri script
  • IT Employment Devlp Course :: Gallery
  • NH7 Weekender [27 October] :: Gallery
  • Red Light Area in Manipur ?
  • IT Enabled Employment Skill Development
  • Football in India needs encouragement
  • Indo-Naga Peace Process :: Articles
  • Meeting on Hornbill Festival 2017
  • Territorial integrity : No to separate admin
  • A confusing solution, if happens
  • Hazari/ Tombi Polo Tournament #1:: Gallery
  • Candle light for Belinda Morse :: Gallery
  • Hills are Better
  • Wedding :: Poem
  • Candle lighting in memory of Belinda Morse
  • NH7 Weekender: 2nd Day Report : 28 Oct
  • RGU launched Clean and Green Campus
  • Territorial integrity: All party meet sans NPF
  • Exhibition of Pottery Crafts #2 :: Gallery
  • MSAP Football match @Pune :: Gallery
  • .. should be Global Opportunity Hunter
  • Nation Needs Small Farmers
  • Welfare mentality & its impacts on society
  • NH7 Weekender Report : 27 Oct
  • Phayeng Cultural programme :: Gallery
  • Khongjom War Memorial #3 :: 360 ° View
  • Pot Lannaba: Houchongba #2 :: Gallery
  • Ichangi Laidhi #1 :: eRang
  • Ningol Chakkouba by Paomee:: Gallery
  • Urban Planning for Vision 2030
  • Ningol Chakkouba @Kolkata :: Gallery
  • Tourism Day @ Phayeng #1 :: Gallery
  • Ningol Chakkouba @Sikkim :: Gallery
  • Chakkouba Shopping #2 :: Gallery
  • Ningol to her mapam lamdam :: Gallery
  • Manipuri Calendar for 2018 : Download it
  • Mera Men Tongba :: Gallery
  • Footballer: U-17 World Cup :: Gallery
  • Imphal Evenings- Night plaza #2 :: Gallery
  • FIFA U-17 Profile :: Kh Ninthoinganba
  • FIFA U-17 Profile :: Thounaojam Jeakson
  • FIFA U-17 Profile :: Nongdamba Naorem
  • FIFA U-17 Profile :: Dheeraj Moirangthem
  • FIFA U-17 Profile :: Amarjit Kiyam (Captain)
  • FIFA U-17 Profile :: Thangjam Boris
  • FIFA U-17 Profile :: Wangjam Suresh
  • FIFA U-17 Profile :: Md Shahjahan
  • Featured Photo for 2017 #4 :: Gallery
  • Old Manipuri Movie #1 :: eRang Classic
  • Landscape of Manipur #7: Wallpaper
  • SPONSORED ADS