Lok Sabha Question No. 487 (UNSTARRED), answered on 2022-12-09
Subject: Eligibility of Converted SC/ST for Contesting Election from Reserved Seats
Ministry: LAW AND JUSTICE
Asked by: Shardaben Anilbhai Patel, Jagannath Sarkar, Mitesh Rameshbhai (Bakabhai) Patel, Vijay Kumar

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## LOK SABHA

## UNSTARRED QUESTION NO.487

## TO BE ANSWERED ON FRIDAY, 09 TH DECEMBER, 2022

## Eligibility of Converted SC/ST for

## Contesting Election from Reserved Seats

487.   SHRIMATI SHARDABEN ANILBHAI PATEL: SHRI JAGANNATH SARKAR: SHRI MITESH RAMESHBHAI PATEL (BAKABHAI): SHRI VIJAY KUMAR:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  voters  belonging  to  Scheduled  Castes  (SCs)  or Scheduled  Tribes  (STs)  who  have  converted  to  Christianity  or Islam are eligible to contest elections from a reserved Assembly or Parliamentary Constituencies;
- (b) if not, the legal basis thereof;
- (c) whether the Government proposes to amend the Representation of the People Act, 1951 and the existing Election Manual so as to clearly mention  the  ineligibility of the people  converting  to Christianity or Islam to contest elections from a seat reserved for Dalits, SCs/STs;
- (d) if so, the details thereof; and
- (e) if not, the reasons therefor?

## ANSWER

## MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

- (a) to (b):   Eligibility  to  contest  from  reserved  Assembly  and  Parliamentary constituencies are as under:-
- (i) Concerned citizen must be a member of any of the Scheduled Castes  or  Scheduled  Tribes,  as  the  case  may  be,  as  notified under Articles 341 and 342 of the Constitution, respectively;

(ii) As per the provisions of section 4 of the Representation of the People Act, 1951, for contesting election to Parliamentary constituency in case of a seat reserved for the Schedule Castes or theSchedule Tribes in any state, he is a member of any of the Schedule Castes or the Schedule Tribes, as the case may be, whether of that State or of any other State and is an elector for any Parliamentary constituencies;

(iii) As per the provisions of section 5(a) of the Representation of the  People  Act,  1951,  for  contesting  election  to  the  Assembly constituency from a seat reserved for the Schedule Castes or the Scheduled Tribes, he is a member of any of the Schedule Castes or the Scheduled Tribes, as the case may be, of that State and is an elector for any Assembly constituency in that State.

(iv)  As  per  paragraph  3  of  the  Constitution  (Scheduled  Castes) Order, 1950, ' notwithstanding anything contained in paragraph 2,  no  parson  who professes a religion different from the Hindu, the Sikh or Buddhist religion shall be deemed to be a member of a schedules caste.'

- (c): No sir.
- (d): Does not arise.
- (e): The  relevant certificate of schedules castes or scheduled tribes are  being  issued  under  the  Constitution  (Scheduled  Castes) Order, 1950 or the Constitution (Scheduled Tribes) Order, 1950, as  amended  from  time  to  time,  and  the  issuance  of  those certificates are not under the provisions of the Representation of the People Act, 1951. An elector with a valid Scheduled Castes or the Scheduled Tribes certificate is eligible to contest election from a seat reserved for them.

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