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Case Comment: C. Selvarani V. The Special Secretary-Cum-District Collector & Others




Oshin Dixit, Research Scholar, University of Lucknow

Prasoon Trivedi, Assistant Professor, City Law College, Lucknow


ABSTRACT


This case comment examines the Supreme Court’s decision in C. Selvarani v. The Special Secretary-cum-District Collector & Others (2024), which addressed the intersection of caste, religion, and affirmative action under the Indian Constitution. The Court held that baptism constitutes a decisive initiation into Christianity and therefore disentitles the appellant from claiming Scheduled Caste (SC) status under the Constitution (Pondicherry) Scheduled Castes Order, 1964, which excludes Christians. Her arguments of reconversion, reliance on the doctrine of eclipse, and earlier caste certificates were all rejected, with the Court emphasizing that SC recognition is strictly linked to religion as specified under Article 341. This comment critically analyzes the Court’s reasoning, highlighting its legal consistency with precedent but also its social limitations, particularly its neglect of caste discrimination experienced by Dalit Christians. It argues that while the judgment strengthens safeguards against fraudulent caste claims and ensures textual fidelity to constitutional provisions, it exposes the rigidity of India’s reservation framework and underscores the urgent need for legislative reform. The case is significant not only for clarifying the law on caste and religion but also for reigniting debate on extending SC status to Dalit Christians and Muslims, thereby raising important questions about equality, religious freedom, and social justice in India.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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