The Presidential Order, 1950: An Imposed Marginalisation of the Religious Freedom of Dalit Christians and Dalit Muslims – A Constitutional Study

Abstract

The Presidential Order, 1950- An imposed marginalization of the religious freedom of Dalit Christians and Dalit Muslims focuses on the deprivation of the excluded class of India, that are Dalit Christians and Dalit Muslims. In India, they had embraced the new religion to attain dignity from the oppressive caste system in Hinduism and the influence of the belief system. Fortunately, or unfortunately, the self-respect which they were seeking is not found, even in Christianity and Islam. This article elaborately discusses the amendments in the Presidential order and a series of oppressions on the Scheduled Caste-converted Christians and Muslims, deprivation of their embraced brotherhood in the converted religions & their ex-religion for many practical reasons. Furthermore, the article challenges the arbitrariness of the Presidential Order, which is perceived as dictatorial, and the president's authority to decide whether to include or exclude Scheduled Caste classes in the states. The author critically analyses the constitutionality of the Presidential order on its direct attack on the fundamental rights under Articles 14, 15 (1), 15 (4), and 25 of the Indian Constitution. and proposes a new model of amendment for a better division of legitimate power and seats among the Scheduled Castes in the provision of the judicial appointments under Art.124A and 217 in borrowing the word Consultation to the amending model of the Presidential Order,1950 and also, reveals the error committed in the Scheduled Castes Order, 1936 on the term “Indian Christians” that was in continuance in the Presidential Order as well.