Constitution (Scheduled Castes) Order, 1950

The Constitution (Scheduled Castes) Order, 1950 restricts Scheduled Caste recognition to persons professing Hinduism, Sikhism or Buddhism. Under paragraph 3, a person professing any religion other than these three cannot be deemed a member of a Scheduled Caste.

The religion-based eligibility rule

Paragraph 3 states: “Notwithstanding anything contained in paragraph 2, no person who professes a religion different from the Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Scheduled Caste.”

• The restriction therefore excludes persons professing Christianity or Islam from recognition as Scheduled Castes under this Order, even if their caste of origin is listed.
• Belonging to one of the three permitted religions is a necessary, but not sufficient, condition: the person must also belong to a community specified as a Scheduled Caste for the relevant State or Union territory.

Constitutional basis and amendments

Under Article 341, the President specifies Scheduled Castes in relation to a State or Union territory; for a State, consultation with its Governor is required. Parliament may subsequently include or exclude communities by law.

• The original Order recognised only persons professing the Hindu religion.
• The eligibility rule was extended to persons professing Sikhism in 1956.
• It was extended to persons professing Buddhism in 1990.

What the rule means for conversion

A person from a listed Scheduled Caste who converts to Christianity or Islam ceases to qualify as a Scheduled Caste under this Order. Consequently, that person cannot claim reservation on the basis of Scheduled Caste status while professing that religion.

• Conversion to Sikhism or Buddhism does not, by itself, trigger the religious exclusion in paragraph 3; the other requirements for Scheduled Caste recognition must still be satisfied.
• This is a rule specifically governing Scheduled Caste recognition; it should not be treated as a general religion-based rule for every category of reservation.