Only the Parliament has the authority to include or exclude any tribe or tribal community from the list of Scheduled Tribes specified in the notification issued under Article 342 of the Constitution of India.

JUDGMENT :

Heard Mr. K. Alin Rongmei, learned counsel for the petitioner and also heard Mr. L. T. Sangtam, learned Additional AG assisted by Mr. Veto V. Zhimomi, learned Government Advocate for the State of Nagaland and Mr. Pfosekho Pfotte, learned counsel for respondent No. 5. None appears for respondent No. 4.

2. By filing this writ petition, the petitioner had challenged the part of the Cabinet Decision 25.04.2017 and the State Government notification dated 26.04.2017 by which the recognition of Rongmei as one of the Naga tribes in the State of Nagaland vide notification dated 04.08.2012 has been withdrawn.

3. The petitioner, the Rongmei Council, is represented by its President, Shri. Chinkhiulung Gonmei. The facts projected by the petitioner are that historically, the Rongmei tribe in the then nomenclature of Kabui was already found recognized in 1891 Assam population census. Edward Trite Dalton in his Ethnology of Bengal, groups the Nagas broadly into two divisions-the Eastern and Western, separated by the river Dhansiri. Henry Dament, political Officer, Naga Hills in an official report of 1878-79 mentioned the existence of eighteen tribes, but the census of 1891 recognized the following nine tribes namely, Angami, Ao, Kabui, Kuchcha, Kezhemer, Lotha, Rengma and Sema. Therefore, it is the case of the petitioner that in fact the Rongmei does not need recognition which was already recognized when Naga Hills district was under the administrative control of Assam.

4. When the Nagaland attained statehood in 1963, necessity of recognition for Rongmei identity was greatly felt. Memorandums were submitted for recognition from various political leaders expressing grievances of the community. Thereafter, series of representation and reminders were submitted by the Rongmei council of Nagaland in various stages. Following submission of countless representations and memorandums, the Government of Nagaland through cabinet decision on 03.08.2007, vide notification No. HOME/SCTA A-6/2007 dated 28.09.2007 had decided to undertake verification and investigation on the legitimacy of Rongmei for its recognition as indigenous inhabitant of Nagaland and constituted a committee that consists of three members to take detailed enumeration of the Rongmei community whose names or ancestors names were entered in the electoral rolls of 1963 of the three districts of Kohima, Dimapur and Peren. The Committee had series of meetings for 5 years and conducted a minute verification of the Rongmei community whose names or their ancestors’ names entered in the electoral roll of 1963.

5. The Committee on receipt of the final enumerated list from the three districts and also consent and objections from various tribal organizations of village/municipal authority/concerned GBS/Local Administrative Officers/DC of a District/Rongmei Council of Nagaland, had recommended to the council of ministers and the Government of Nagaland. Following the decision of the cabinet meeting held on 23.07.2012, the State Government had declared recognition of Rongmei tribe as one of the Naga tribes of Nagaland and thereafter incorporated Rongmei tribe in the notification as one of the Naga Tribes of Nagaland.

6. According to petitioner the historical background of the petitioner tribe is to be taken into consideration. The Naga tribes call themselves by their tribal names. In the early period, the name Naga was not known but it was the outsiders like the Assamese, Bengali and Ahom, with whom they had very wide contract, gave this name to the tribes. For example, the tribes like Angami, Ao, Sema, Rongmei etc. are known by the outsider names and not by their own original names. The origin of the Naga tribes is shrouded in mystery and is encapsulated in folklores and legends. After examining various oral sources, it was concluded that the Nagas belong to the Mongoloid racial stock and that their original home was in central China. Originally Nagas were not known as tribes. The Naga tribes we