Central Government Clarifies Stance on Bihar Caste Survey in Supreme Court
In a recent development concerning the Bihar caste survey case, the Central Government has submitted a fresh affidavit to the Supreme Court. This comes after the withdrawal of an earlier affidavit which stated,
“No other body under the Constitution or otherwise is entitled to conduct the exercise of either census or any action akin to census.”
The Centre has clarified that this statement had
“Inadvertently crept in.”
The latest affidavit emphasizes that the Census Act of 1948, rooted in the Constitution’s Seventh Schedule, empowers only the Central Government to conduct the Census. The affidavit further highlights the Central Government’s commitment to
“Taking all affirmative actions for the upliftment of Scheduled Castes (SC), Scheduled Tribes (ST), Socially and Educationally Backward Classes (SEBC) and Other Backward Classes (OBC) in accordance with the provisions of the Constitution of India and the applicable law.”
Solicitor-General for India, Tushar Mehta, had previously sought the court’s permission to present the central government’s perspective on the legal implications of such a survey. He clarified that the Centre neither opposes nor supports the ongoing litigation.
The Supreme Court, under the leadership of Justice Sanjiv Khanna, is examining a plea by NGOs Youth for Equality and Ek Soch Ek Prayas. These organizations challenge the Patna High Court’s decision to endorse the Bihar government’s caste-based survey. The High Court had dismissed arguments that collecting data based on caste was tantamount to a census, deeming the exercise
“Perfectly valid initiated with due competence.”
Senior Advocate CS Vaidyanathan, representing NGO Youth for Equality, argued that the 2017 Puttaswamy ruling on the fundamental right to privacy requires a just, fair, and reasonable law to infringe on privacy. He also raised concerns about the mandatory disclosure requirement of the survey.
The survey, initiated by Chief Minister Nitish Kumar’s administration, aimed to digitally compile data on each family, from the panchayat to the district level, via a mobile application. The Patna High Court had initially halted the survey in May but later upheld its validity.
In a related note from another source, it’s highlighted that the Bihar Contingency Act, 1950 does not grant the State government the authority to allocate funds for caste-based surveys. The survey, conducted in two phases, began in January this year, with the second phase commencing in April, focusing on gathering data related to people’s caste and socio-economic conditions. However, a single-judge bench of the High Court stayed the caste census in May, asserting that the survey was essentially a census, a responsibility that lies solely with the Central government.
The unfolding events surrounding the Bihar caste survey continue to draw national attention, with legal experts and the public keenly observing the Supreme Court’s final verdict on the matter.
