Fixing a 75-year-old flaw: Why Parliament must repeal 1950 Constitution order

Follow TNM's WhatsApp channel for news updates and story links.On March 24, 2026, the Supreme Court of India confirmed what the law has said since 1950, but what Indian society has quietly refused to examine: that the state’s recognition of caste-based suffering is conditional on the religion of the sufferer. The Court, invoking Clause 3 of the Constitution (Scheduled Castes) Order, 1950, described the religious restriction as “absolute and unequivocal,” ruling that a Dalit person who converts to Christianity loses SC identity and protections immediately and completely. The 1950 Order restricts SC status to persons professing Hinduism, Sikhism, or Buddhism. The case – that of Pastor Chinthada Anand, who had filed an FIR under the SC/ST Prevention of Atrocities Act after suffering caste-based abuse – did not fail on the facts. It failed on his religion. The abuse was real. The caste was real. The state simply chose not to see it.This ruling, and the legal architecture it rests on, deserves scrutiny not merely as a matter of constitutional law, but as a window into how the Indian state has theorised caste, suffering, and the right to spiritual self-determination.The feeling of discrimination has a religion, apparentlyThe central fiction undergirding the 1950 Order – and reaffirmed each time courts uphold it – is that caste discrimination is a phenomenon internal to certain religions. The state, in effect, has decided that the experience of being discriminated against on the basis of caste has a religious gradient, that it attaches to Hindu, Buddhist, or Sikh identity, and dissolves upon contact with Islam or Christianity. This is an empirical claim, and it is false.There has been a persistent tendency in courts to confine the concept of caste strictly within the Hindu religious framework, despite significant sociological evidence demonstrating the presence of caste-based hierarchies across religious communities in India. The consequence is both philosophical and material. By reinforcing the “absolute bar,” the Supreme Court has frozen the legal definition of a “Dalit” as an exclusively religious category rather than a socioeconomic reality. This creates a glaring legal paradox: a citizen can be considered “socially and educationally backward” enough to qualify for OBC status regardless of their religion, but they can only be considered “untouchable” enough for SC status if they belong to three specific faiths. The feeling of discrimination is not only recognised differently, it is rewarded differently depending on which god the discriminated person prays to.The state has not merely observed that caste and religion co-exist; it has made discrimination politically legible or illegible on the basis of religious identity. That is not a neutral administration. That is a choice with profound ideological consequences.Affirmative action made hostage to theologyThe 1950 Order has produced a situation where affirmative action itself becomes contingent on the theological position of a community on caste. Sikhism and Buddhism are considered eligible for SC protection not because caste is endemic to their theology – both explicitly reject caste – but because of a political history that has made their inclusion acceptable to the state. The inclusion of Dalit Sikhs and Dalit Buddhists under the SC category in 1956 and 1990, respectively, was driven by political pressure, even as these religions do not recognise caste hierarchies in their religious doctrines.Dalit Muslims and Christians, by contrast, are penalised for the same doctrinal position. The logic that caste does not exist in Christianity and Islam because those theologies are egalitarian is applied selectively: it disqualifies Muslims and Christians from SC status, but is not used to disqualify Sikhs and Buddhists. The doctrine is not applied consistently. It is applied strategically, to produce a particular outcome. If religion is no bar for Buddhists and Sikhs for receiving reservation despite being recognised as distinct, non-Hindu religions, then why not Christians and Muslims? There is no principled answer to this question within the existing framework. There is only a political one.The punishment of spiritual choiceThe Indian state treats conversion as an event—a crossing, a moment in administrative time after which a person irrevocably becomes something else. But this is not how spiritual life actually works. Religious transformation is not a discrete administrative act. It is a continuous, restless journey — a lifelong suluk (the path), a quest that rarely resolves neatly into the coordinates any state form wishes to assign.A person in genuine search of truth does not convert once and then stops moving. They inhabit traditions, experiment with practices, move between languages of the sacred, carrying their histories into new devotional spaces without wholly abandoning what came before. Spiritual seeking, at its most authentic, is not a transaction. It is a transformation that is never quite complete. The 1950 Order does not merely fail to recognise this. It actively punishes it.The punishment falls hardest on those who have experienced their inherited religion not as liberation but as another instrument of humiliation. To seek in Christianity or Islam a form of dignity that caste-practising Hinduism denied you is not apostasy. It is a profound act of moral courage. The state, in response, issues a penalty notice.This makes the ruling not merely legally contentious but spiritually punitive. Article 25 of the Constitution guarantees every person the freedom of conscience – the right to profess, practise, and propagate religion – without condition. It does not say: you may seek your God freely, provided you stay where you were born. And yet the 1950 Order imposes precisely this condition on those whose caste-based vulnerability most needs constitutional protection. A Dalit person who finds in the Quran's insistence on human equality, or in the Gospel's proclamation that the last shall be first, a language for their own dignity is told: your spiritual grammar is valid, but your destination disqualifies you. The right to transformation exists in law. The cost of exercising it falls entirely on those who can least afford to pay it.Ambedkar understood this dynamic intimately. His own conversion to Buddhism was a deliberate philosophical act—a refusal to seek liberation within a tradition that had institutionalised his bondage, and a simultaneous insistence that the quest for liberation was inseparable from the quest for social dignity. The state’s inclusion of Buddhists in the SC framework in 1990 was, in part, a recognition of this logic. But the logic was applied selectively, and then frozen. It honoured one act of spiritual courage – Ambedkar’s – and denied the same honour to every subsequent act that led not to Buddhism but to Mecca or to the cross. The spiritual seeker who finds in Islam or Christianity the same emancipatory possibility that Ambedkar found in the Buddha’s teaching is told: your search is legitimate, but your destination disqualifies you.A secular state that genuinely respects both the freedom of conscience and the reality of caste-based discrimination would understand that a person’s caste is not dissolved by their religion — it travels with them, it shapes how others treat them, it marks them in the eyes of their neighbours irrespective of which religion they invoke. Until it does, the Indian state will continue to insert itself between a person and their spiritual journey, and charge them for the crossing.There is a final, deeply under-examined paradox buried in this ruling. Caste, in Indian law and public discourse, oscillates between being treated as a secular social fact and a religious institution depending on the context. This oscillation is never innocent.The existing juridical approach solidifies caste predominantly as a religious institution. It ignores caste’s socio-economic dimensions across Muslim and Christian communities and dismisses empirical evidence of caste-based discrimination in non-Hindu contexts, such as Pasmanda exclusion from Ashraf-dominated institutions or Dalit Christian marginalisation in social spaces like the cemetery. Historical records show caste persists among Indian Muslims despite conversion to Islam. Upper castes Muslims dominate leadership positions, perpetuating caste discrimination within the community.Survey data further reveals the depth of the problem: when asked about their experiences in upper-caste Muslim and Hindu homes, a significant share of “Dalit Muslim” respondents reported receiving food or water in different utensils in upper-caste Muslim homes. The untouchability has crossed the theological boundary. The state has not. What needs to changeParliament has the power to amend the 1950 Order. The Ranganath Mishra Commission recommended it. The Sachar Committee documented the necessity of it. The Balakrishnan Commission was set up to examine it. The data, the sociology, the moral argument, and the constitutional logic all point in the same direction. What is missing is political will.Scheduled Caste status is not about caste, but a legal appellation conferred upon members of communities within the hierarchy. The Constitution refers to SC status as a social category in several provisions – Articles 330, 332, 334, 335, and 341 – and none of these provisions stipulates a religious affiliation of the scheduled caste groups. The religiosity in the 1950 Order was a political imposition on what was meant to be a socioeconomic category. It can be and should be undone.Kashif Mansoor, Ph.D, is currently with the National Centre for Good Governance, New Delhi. Views expressed are the author’s own.Does conversion erase caste? Supreme Court says yes, reality says otherwise