The Central Government has informed the Supreme Court that there is no credible evidence that Dalit Christians or Muslims have been subjected to a similar oppressive environment as Dalit Hindus and, as a result, are not entitled to the rights that Scheduled Castes are.

The affidavit was filed by the Union Government in response to the petition, which seeks a declaration that the Constitution (Scheduled Castes) Order 1950 is discriminatory and violates Articles 14 and 15 of the Constitution by not conferring Scheduled Caste status on people who convert to religions other than Hinduism, Sikhism, or Buddhism. A bench of Justices SK Kaul, Abhay S. Oka, and Vikram Nath had decided to seek the government's response to the petition, in reply to which the present affidavit was filed.

The Center submitted before the apex court that "There no authentic data to suggest that the oppressive environment which existed in Hindu society for hundreds of years qua scheduled castes also existed in Christian or Islamic society,". The affidavit further stated that "the object of the reservations and identification of Scheduled Castes is over and beyond the 'social and economic backwardness'. It is submitted that the identification of scheduled castes is centered around a specific social stigma [and the connected backwardness with such stigma] that is limited to the communities identified in the Constitution [Scheduled Castes] Order, 1950."

The government also stated in its affidavit that Article 341 empowers the President of India to specify which castes, races, tribes, or groups shall be deemed to be Scheduled Castes for the purposes of the Constitution. Under Article 341 of the Constitution, the president must make the decision in consultation with the governors of the state. The affidavit also cited various Supreme Court decisions and argued before the Court that it has no authority other than to carry out the President's notification under Article 341.

The Center also clarified that it has appointed a three-member commission to consider the inclusion of Dalit Muslims and Dalit Christians as Scheduled Castes (SCs) and that petitioners should await the commission's report because it will investigate whether Dalit Muslims and Christians face the same level of oppression.

The government also submitted that the twin test of classification should be applicable in matters of classification and stated that, "the present is a case of classification between Indian citizens and foreigners which cannot be doubted on any count. It is well established that Article 14 forbids class legislation but does not forbid classification."

The affidavit submitted that "such social issues are undoubtedly not judicial interventions, however, it may be noted that this Hon'ble Court has consistently held that Courts must give due regard to the wisdom of the Parliament/President in these issues"

Case Title: Centre for Public Interest Litigation and Anr. Vs Union of India

W. P. (C) No. 180/2002