Constitution (Scheduled Castes) Order, 1950 and Article 341
Article 341 of the Constitution empowers the President to specify, in consultation with the Governor, which castes, races, or tribes, or parts thereof, shall be deemed to be Scheduled Castes for a given state or union territory. The specific list is given through the Constitution (Scheduled Castes) Order, 1950 (a Presidential Order). Paragraph 3 of this Order, as amended, reads: "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." This religious restriction was part of the original 1950 Order (which only covered Hindus); Sikhs were included by amendment in 1956, and Buddhists in 1990 — a recognition that conversion to these religions does not dissolve caste identity. Dalit Christians and Dalit Muslims remain outside the SC net.
- Article 341: Presidential power to specify SCs; only Parliament can include or exclude (Clause 2)
- 1950 Order original: Only Hindus covered; Sikhs added 1956; Buddhists added 1990
- Paragraph 3 acts as a "religious bar" — exclusion based solely on professed religion, not social or economic status
- To include Dalit Christians, Parliament would need to amend the 1950 Order (a simple legislative amendment, not a constitutional amendment)
- Any such change would affect reservation entitlements in education and government employment under Article 15(4) and 16(4)
● Tracked since March 19, 2026 · last seen May 19, 2026 · updates as the daily brief publishes