SC Status For Converted Dalits : Supreme Court Rejects Challenge To Expert Panel Formed By Centre

The Supreme Court on Monday dismissed a Writ Petition that was filed challenging the Central Government’s decision taken in October 2022 to set up a panel to examine Schedule Caste status for dalits who converted to Christianity or Islam.

It was in October 2022 that the Centre constituted the Commission to study the issue. The chairperson of the Commission is to be former CJI, (Retd.) Justice K.G. Balakrishnan. The commission also consists of two members– Dr. Ravindra Kumar Jain, retired IAS officer and Prof. Dr. Sushma Yadav, Member, UGC.

The petition claimed that if the order of setting up the commission is allowed, the hearing on the main petition, which has remained pending for nearly 20 years , may be further delayed causing irreparable damage to the Christians of Scheduled caste origin, who have been denied the SC privileges for the last 72 years. The petition also stated that the delay is affecting the fundamental rights of the affected community and that giving speedy justice is mandatory as per Article 21.   

During Monday’s hearing, the bench comprising of Justices Sanjay Kishan Kaul and AS Oka, asked the counsel appearing on behalf of the petitioner, “Who are you? Where are you arising from? The matter is already being heard.”

The Counsel appearing on behalf of the petitioner submitted, “When litigation already pending before this Hon’ble Court, then a parallel commission should not be appointed.”

Justice Kaul orally remarked, “The Government in its wisdom has appointed a commission. You are challenging the constitution of that commission. Which rule or which law allows you to do that?”

The Counsel appearing on behalf of the petitioner further submitted, “This Hon'ble Court should proceed further and the commission should not come in the way.”

The Bench while remarking that such a petition cannot be entertained under Article 32 of the Constitution, ordered, “We are not inclined to entertain this petition under 32 as what is being sought is quashing of the appointment and functioning of the new commission. We find no relevant ground to quash the appointment of the commission. But we may that in the matter pending before us we are examining the same and one of the pleas raised by the govt is that a new commission is examining the issue.”

A petition filed in 2004( Writ Petition (Civil) No. 180/2004) challenging the exclusion of Christians and Muslims from the Constitution (Scheduled Caste) Order 1950 is pending before the Supreme Court.

In a recent hearing of that matter, the Centre said that it is not accepting the findings of the Justice Ranganath Mishra commission which recommended granting SC status for converted dalits.

Case Pratap Baburao Pandit v. UoI WP(C) No. 43/2023 

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