By setting up a panel headed by former Chief Justice of India K G Balakrishnan and giving it two years to examine the demand to extend Scheduled Caste status to all Dalit converts, the Centre appears to have sought a judicial pause on the highly controversial issue. The law under the lens is paragraph three of the Constitution (Scheduled Castes) Order, 1950, which keeps converts out of the ambit of reservation. It was amended twice to open windows for converted Sikhs and Buddhists to get in, but the door remained shut for all others, including Dalit Christians and Muslims.
Major mainstream parties have been wary of disturbing the reservation hive for various reasons. The ruling BJP is ideologically opposed to the proposal, fearing it would incentivise religious conversion. The Congress does not want to stick its neck out to avoid a possible blowback from Dalits on sharing their reservation pie. For, if the quota becomes religion-neutral, there are concerns that Dalit Christians could corner all the benefits like jobs and electoral seats in reserved constituencies since they are better educated and more organised.
Though textually, Christianity and Islam are egalitarian, deep caste discrimination within them is no secret, which is why Dalits among them want the SC quota. Failing to get political redress, Dalit Christians approached the judiciary. However, their case fell in the Supreme Court earlier for want of empirical evidence. Later, a couple of NGOs filed a new PIL, citing the findings of a clutch of reports to buttress their demand for SC quota to all converts. And a bench led by Justice Chandrachud issued a notice to the Centre, hence the new panel. The committee’s terms of reference include examining the changes in customs, traditions, social status and discrimination of converts compared to their peer groups within the SC quota to get a better fix on the complex, multidimensional issue.
However, by the time the panel’s report is submitted, the 2024 Lok Sabha polls would have been over. Coincidentally, liberal judge Chandrachud would have almost completed his tenure as CJI, assuming incumbent U U Lalit recommends him as successor, going by the convention of naming the next in seniority for the top post. That Justice Chandrachud did nudge the Centre to set up the panel is in itself an achievement. But it would be up to the next government and Chandrachud’s successor to pick up the threads and amicably settle the knotty question.