Constitution (Scheduled Castes) Order, 1950

News: The Supreme Court held that a person converting to Christianity cannot claim Scheduled Caste protections, upholding the Andhra Pradesh High Court order.

About Constitution (Scheduled Castes) Order, 1950

• It defines Scheduled Castes (SCs) and restricts their status based on specific religions under Article 341.
• Constitutional basis: It was issued by the President to provide protection against social disability arising from untouchability.
• Religious criteria: It initially restricted SC status to Hindus, later extended to Sikhs (1956) and Buddhists (1990), and now applies only to these three religions.
• Clause 3 (religious restriction): Paragraph 3 clearly states that no person professing a religion other than Hinduism, Sikhism, or Buddhism shall be deemed a Scheduled Caste member.
• Territorial Nature: A caste recognised as SC in one State may not be recognised in another State or Union Territory.
• Relevant Constitutional Articles
  • Article 341(1): It empowers the President to notify the list of Scheduled Castes.
  • Article 341(2): It allows only Parliament to include or exclude any caste from the list.
  • Article 366(24): It defines Scheduled Castes as those notified under Article 341.
  • Articles 15(4) and 17: These provisions support advancement of Scheduled Castes and abolish untouchability.
• About SC Status after Supreme Court Ruling (2026)
  • Background of the case: The case arose from a complaint filed in 2021 by a Christian pastor who alleged caste-based abuse and invoked provisions of the SC/ST Act.
    • The accused argued that since he had converted to Christianity and was functioning as a pastor, he could not claim Scheduled Caste status.
    • The Andhra Pradesh High Court in April 2025 accepted this argument and quashed the case.
  • Supreme Court ruling (2026): Supreme Court upheld the High Court’s decision and held that a person who converts to Christianity cannot continue to claim Scheduled Caste status or related protections.
  • Loss of status and mutual exclusivity: Conversion to non-specified religions leads to immediate loss of Scheduled Caste status, and such persons cannot simultaneously claim Scheduled Caste identity.
  • Reconversion and proof requirement: The Court stated that to regain Scheduled Caste status after reconversion, a person must provide clear and credible proof of returning to the original religion and acceptance by the caste community, and mere self-declaration is not sufficient.