SC junks review plea against verdict on loss of SC status

The Supreme Court has dismissed a plea seeking a review of the apex court judgement which held that a person from a Scheduled Caste community converting to a religion other than Hinduism, Sikhism or Buddhism loses the SC status from the moment of conversion.

A bench of Justices Prashant Kumar Mishra and Manmohan dismissed the petition against the March 24 verdict, saying there is no error apparent on the record. “Application seeking oral hearing of the review petition is rejected. We have gone through the review petition and perused the judgment dated March 24, 2026, which has been sought to be reviewed. “There is no error apparent on the record. The Review Petition is, accordingly, dismissed,” the top court said in its July 15 order passed on the review petition.

On March 24, in a significant decision, the top court held that a Scheduled Caste community person converting to a religion other than Hinduism, Sikhism or Buddhism loses the SC status from the moment of conversion regardless of birth. It upheld an order of the Andhra Pradesh High Court which said that a person belonging to a Scheduled Caste community loses his Scheduled Caste status “immediately and completely” upon conversion to Christianity.

The top court had said under Clause (1) of Article 342 of the Constitution, the President of India promulgated the Constitution (Scheduled Tribes) Order of 1950, identifying the tribes and tribal communities recognised as “Scheduled Tribes” for different states and Union Territories (UTs).

The Court had said a person can claim benefits under the Constitution (Scheduled Tribes) Order, 1950 only if he/ she continues to belong to that particular tribe in substance and if, due to conversion or long-term abandonment of tribal customs, his/ her tribal identity is in doubt, that question becomes a factual matter to be determined at trial.

“No person who professes a religion other than Hindu, Sikh or Buddhist shall be deemed to be a member of a Scheduled Caste. This bar under Clause 3 of the Constitution (Scheduled Castes) Order, 1950 is categorical and absolute. Conversion to any religion not specified in Clause 3 results in immediate and complete loss of Scheduled Caste status from the moment of conversion regardless of birth,” it had said.

The top court had further said once a person belonging to a Scheduled Tribe converts to another religion, ultimately through the passage of time, the customs, rituals and other traits of that particular tribe may fall into eclipse.

“If so, in such circumstance, it is proved that the person in question has completely renounced himself from the customs, rituals and other traits of his tribe, and has assimilated into the converted religion following the practices and customs of that particular religion, a reasonable inference can be drawn that such a person shall not be considered a part of the tribe,” it had said.

The top court had explained that when a person ceases to be a member of a Scheduled Caste by virtue of the Order of 1950, the loss of such status carries with it the “automatic and immediate termination” of all eligibility for statutory benefits, protections, reservations, preferences and entitlements that are predicated upon or flow from such membership.

It had noted the legislative history of Clause 3 of the Constitution (Scheduled Castes) Order, 1950 and said that originally it restricted Scheduled Caste status to persons professing the Hindu religion.

The top court had said the order of 1950 was subsequently amended in the year 1956 to include persons professing the Sikh religion and later, in the year 1990, the provision was further extended to include persons professing the Buddhist religion.

“It is important to note that Christianity has not been included under this Order by any of these amendments,” the top court said, adding that Christianity, by its very theological foundation, does not recognise or incorporate the institution of caste.

Analysing the Order of 1950, the apex court said the claimant of a Scheduled Caste or Scheduled Tribe status must demonstrably belong to a caste or tribe which is specifically notified and recognised under Clause 2 of the Constitution (Scheduled Castes) Order, 1950 and Constitution (Scheduled Tribes) Order, 1950, and such status must be established by clear, cogent and unimpeachable evidence.

It had said, “A person cannot simultaneously profess and practice a religion other than the ones specified in Clause 3 of the Constitution (Scheduled Castes) Order, 1950 and claim membership of a Scheduled Caste at the same time.”

It had further said a person who professes and practices such religion for personal, social and spiritual purposes cannot, in law, assert membership of a Scheduled Caste for the purpose of securing statutory benefits.

The top court, however, said in cases where a person claims to have reconverted back to Hindu, Sikh or Buddhist religion, then he has to fulfil three conditions — there must be a clear proof that the person originally belonged to a caste notified under the Order of 1950, there must be credible and unimpeachable evidence of bona fide reconversion to the original religion and there must be credible evidence establishing acceptance and assimilation by the members of the original caste and the concerned community.