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Supreme Court: conversion does not automatically carry the reservation benefits of the earlier caste
വാർത്തയിൽ എന്തുകൊണ്ട്?
Convert and keep your SC quota? The Article 341 Order list that decides it, for GS-II
SC says conversion to Islam or Christianity does not by itself guarantee reservation under the earlier caste category.
Why it matters: asked in UPSC 2023
What you need to know
2 മിനിറ്റ്
The Supreme Court has ruled that a person who converts from Hinduism to Islam or Christianity does not automatically retain the reservation benefits of the caste category claimed earlier.
The Scheduled Caste list notified under Article 341 through the Constitution (Scheduled Castes) Order, 1950 is open only to persons professing Hinduism, Sikhism or Buddhism, which is the background to such claims.
ഉറവിടങ്ങൾ: Topper IAS editorial (PIB / The Hindu / Indian Express)
പ്രധാന വസ്തുതകൾ
Remember these
- Supreme Court: conversion to Islam or Christianity does not automatically carry the earlier caste's reservation benefits.
- Article 341 empowers the President to specify Scheduled Castes in a State or Union Territory.
- The Constitution (Scheduled Castes) Order, 1950 originally limited SC status to Hindus.
- Later amendments extended SC status to Sikhs (1956) and Buddhists (1990).
- Article 342 is the corresponding provision for Scheduled Tribes.
പ്രിലിംസ് · മെയിൻസ്
How the exam will ask it
പ്രിലിംസ്
- Under the Constitution (Scheduled Castes) Order, 1950, as amended, SC status is available only to persons professing Hinduism, Sikhism or Buddhism.
- Article 341 allows the President to specify castes, races or tribes to be treated as Scheduled Castes in a State or Union Territory.
- Parliament, and not the courts or State governments, can include or exclude a caste in the SC list notified under Article 341.
മെയിൻസ്
GS-II (Social Justice; Judiciary). The issue is whether converts to Islam or Christianity can claim SC reservation; Article 341 and the 1950 Order tie SC status to Hinduism, Sikhism and Buddhism, so the benefit is not automatic after conversion. The implication is a continuing debate on equality and religious freedom against the original rationale of untouchability-based disadvantage; the way forward lies in evidence-based commission findings and a parliamentary decision on any change to the list.
PYQ connection
A question UPSC has already asked on this
Consider the following statements: Statement-I: The Supreme Court of India has held in some judgements that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration. Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'. Which one of the following is correct in respect of the above statements?
- Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
- Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
- Statement-I is correct but Statement-II is incorrect
- Statement-I is incorrect but Statement-II is correct
ഉത്തരം കാണിക്കൂ
ഉത്തരം: C
Why this matters: today's issue is directly connected to a concept UPSC has already tested. Read the story with this question in mind.
Practise this PYQ →Quick recall
Answer before you reveal
Consider the following statements:
- Under the Constitution (Scheduled Castes) Order, 1950, as amended, Scheduled Caste status is available only to persons professing Hinduism, Sikhism or Buddhism.
- Under Article 341, the President may specify the castes to be treated as Scheduled Castes in a State or Union Territory.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
ഉത്തരം കാണിക്കൂ
ഉത്തരം: C — The correct answer is Both 1 and 2. Both statements hold: the 1950 Order, as amended, restricts Scheduled Caste status to Hindus, Sikhs and Buddhists, and Article 341 empowers the President to specify Scheduled Castes.
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