The Supreme Court upheld the Madras High Court's ruling that individuals converting to Islam cannot claim reservation benefits based on their pre-conversion caste status, citing the lack of legal basis for such entitlement under Article 16(4) of the Constitution.
ON OCTOBER 15, 2026, the Supreme Court of India upheld an earlier judgment of the Madras High Court, which ruled that a person who converts to Islam cannot claim reservation benefits based on their pre-conversion caste status. The court gave its verdict while dismissing a Tamil Nadu government appeal challenging the Madras High Court's ruling.
The apex court stated, as quoted by LiveLaw, “A person who converts to Islam by that act alone doesn't become a member of one of the seven notified backward class social communities in the State. His former caste status can't be transposed to the Muslim backward class category, nor can his private religious body conclusively determine such status entitlement."
The case is related to a Tamil Nadu government order issued on March 9, 2024, which allowed people from certain backward classes who converted to Islam to seek certificates under the Backward Class Muslim (BCM) category. The state government argued that a person changing their religion does not mean they no longer face social disadvantages. Therefore, they should not lose their reservation benefits. The government also said that the order followed a recommendation by the Tamil Nadu Backward Classes Commission (TNBCC).
However, the Madras High Court struck down the order, and the state government then approached the Supreme Court on July 6, 2026. In its appeal, the state said that the government was trying to protect people who were socially and educationally backward even after converting to Islam, and that losing their reservation benefits could create further difficulties for them.
The state also contended that a 1951 court ruling did not prevent it from granting backward Muslim status to people who faced social and educational disadvantages before converting to Islam. The argument was made under Articles 15(4) and 16(4) of the Constitution. However, the Supreme Court rejected its argument and upheld the Madras High Court's ruling, saying that the government order lacked a sufficient legal basis for granting such status to people who converted to Islam.
The top court clarified that, under Article 16(4) of the Constitution, a person who converts from Hinduism to Islam cannot claim reservation solely on the basis of the social backwardness associated with their former caste. The court also said that a person who converts to Islam does not automatically become a member of one of Tamil Nadu's seven notified Backward Class Muslim communities.
The bench added that the state government's order created an “artificial group” by allowing people from different communities to claim membership in the Muslim Backward Class category. The court stated, “It creates an artificial route by which a person moves from a pre-conversion social or backward social order into a notified Muslim backward class without establishing the necessary social and legal link. Therefore, the declaration made by the High Court that the impugned GO itself (is) unsustainable in law calls for no interference."
While hearing the case, the court also addressed the issue of Scheduled Caste status under Paragraph 3 of the Constitution (Scheduled Castes) Order, 1950. This restricts SC status to people who follow Hinduism, Sikhism or Buddhism. The court also clarified that reconversion to Hinduism does not automatically restore a person's former caste based status and give the person reservation benefits.
(Proofread by Vaishnavi Sivadasan)
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