Report on Judicial Conceptions of Caste
Report on Judicial Conceptions of Caste
Published by the Centre for Research and Planning, Supreme Court of India (November 2025)
About This Report: A Mirror to the Judiciary
The "Report on Judicial Conceptions of Caste" is a landmark publication from the Supreme Court of India's Centre for Research and Planning. It presents a pioneering analysis of the language, ideas, and metaphors used by the Supreme Court itself in its Constitution Bench judgments to understand and address the issue of caste.
This report does not analyze the outcomes of cases but focuses on the discourse—the words and framing used by judges. It serves as a critical resource for judges, lawyers, scholars, and citizens to reflect on how judicial language can either advance or hinder the Constitution's promise of dignity, equality, and social justice for all.
What Will You Learn? Key Insights from the Report
The report is structured around three core themes, offering profound insights into the evolution of judicial thought on caste.
1. How the Judiciary Has Understood the Caste System
The Supreme Court's view of caste is not uniform. The report reveals divergent perspectives:
A Rigid Hierarchy: Many judgments correctly identify caste as a hereditary system of power based on "purity and pollution."
A Benign Origin: Some opinions suggest caste began as a benign occupational division, a narrative the report cautions can downplay its inherent violence.
A Cross-Religious Reality: The Court is divided on whether caste is unique to Hinduism. Progressive judgments acknowledge that caste identity and discrimination persist among Muslims, Christians, and Sikhs, showing that religious conversion does not erase caste stigma.
2. How the Judiciary Has Characterized Oppressed Caste Communities
The language used to describe Scheduled Castes has a profound impact. The report highlights:
Problematic Analogies: Earlier judgments used metaphors like "handicaps," "crutches," and racehorses to explain affirmative action. This frames systemic injustice as an individual deficit, contradicting the constitutional value of dignity.
The "Efficiency" and "Merit" Debate: Judicial discourse has often portrayed reservations as a threat to administrative "efficiency" and "merit." This reinforces the false idea that privileged groups are inherently meritorious, ignoring how caste itself has historically controlled access to opportunities and shaped the definition of merit.
3. How the Judiciary Has Envisioned Remedies for Caste Injustice
The Court has proposed different solutions, with ongoing tension between them:
Education vs. Structural Reform: While some opinions claim education alone can eradicate caste, the report counters that classrooms often reproduce caste hierarchies. Education is vital but insufficient without tackling institutional casteism.
Reservations as Reparative Justice: The report documents the Court's long-standing ambivalence, often framing reservations as an "exception" that causes "hardship." In contrast, transformative judgments reframe them as essential tools for "sharing state power" and achieving substantive equality.
Poverty vs. Caste: A significant judicial strand argues that poverty, not caste, is the primary cause of backwardness. The report challenges this with empirical evidence, showing that caste discrimination in credit, networks, and social access continues to dictate life chances, regardless of economic status.
Conclusion: The Path Forward for a Transformative Judiciary
This seminal report from the Supreme Court of India concludes that judicial language is not neutral—it shapes our constitutional vision of justice and dignity. By critically examining its own discourse, the judiciary can better align its language with the transformative spirit of the Constitution.
The report calls for a future judicial discourse that:
Consistently uses language affirming the dignity and agency of oppressed communities.
Rejects outdated and stigmatizing terminology.
Recognizes caste as a present-day structural problem.
Engages with empirical evidence on how caste perpetuates inequality.
This introspective report is a crucial step towards a more sensitive and constitutionally faithful judiciary, strengthening India's ongoing journey toward social justice.
Disclaimer and Credit:
This summary is based on the "Report on Judicial Conceptions of Caste" (November 2025), published by the Centre for Research and Planning, Supreme Court of India. The views and analysis in the original report are intended for research and sensitization to encourage reflection on judicial discourse and are those of the authors. This summary is an interpretive overview and should not be considered a substitute for the full report. Readers are encouraged to access the complete document for a comprehensive understanding.