Supreme Court of India in New Delhi.
| Photo Credit: File
The Indian National Congress on Wednesday (March 25, 2026) questioned a two-judge Bench order of the Supreme Court of India stating that any person professing a religion other than Hinduism, Buddhism and Sikhism cannot claim the status of a Scheduled Caste, and said the same issue has been pending before a three-judge Bench of the top court since 2011.
In a statement, Congress general secretary Randeep Surjewala said the judgment denying Scheduled Caste status to Christians, Muslims and other minorities has caused “deep consternation, disquiet and fear” among economically weaker sections of minority communities.
He described the question of granting or continuing SC status after religious conversion as a “sensitive issue” affecting a large number of underprivileged people seeking to escape entrenched social prejudice, and argued that it cannot be decided through a “simpliciter interpretation” of the Constitution (Scheduled Castes) Order, 1950.
Raising procedural objections, Mr. Surjewala said the issue of SC status for converts has been pending before a three-judge Bench since January 21, 2011, in a public interest litigation.
“Then, how can a 2 Judges Bench of Supreme Court decide the issue, without reference to larger bench? Why did the Modi Govt not bring this to the notice of the Supreme Court Bench regarding issue being under adjudication before a 3 Judges bench? Was it done deliberately by the Government?” Mr. Surjewala asked.
He further pointed to the commission headed by former Chief Justice of India K. G. Balakrishnan, set up in 2022 to examine the issue, noting that its report is still awaited.
Questioning the Centre’s stance, Mr. Surjewala alleged that the government had failed to place relevant facts before the court, and asked whether this amounted to “deliberate misleading”.
He also rejected the argument that the case pertains only to the applicability of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and not reservation, terming such a distinction untenable.
“Can a person be Scheduled Caste for purposes of ‘reservation’ and a ‘non Scheduled Caste’ for purposes of SC Atrocities Act? Will this compartmentalisation sustain?” Mr. Surjewala asked.
He also raised concerns over parity, noting that Dalits who convert to Sikhism or Buddhism continue to be recognised as Scheduled Castes, while similar recognition is denied to those converting to Christianity or Islam.
“Is the ‘determinant’ of ‘social and cultural backwardness’ ‘religion’ or something more in order to qualify for the protection under Articles 15 and 16 of the Constitution? Does ‘conversion’ alone take away all the symptoms of ‘generational social stigma and prejudice’ associated with being a Scheduled Caste?” the Congress leader said, calling upon the government and the Prime Minister to clarify their position.
Published – March 25, 2026 03:56 pm IST
