The Supreme Court Today (Sept 2) refused to entertain a public interest litigation (PIL) petition that called for the conduct of a social and caste-based census. A Bench of Justices Hrishikesh Roy and SVN Bhatti pointed out that it was a policy matter in which the top court was not inclined to interfere. “What is this? This is in the domain of governance. What can we do?” Justice Roy asked when the matter was taken up.
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NEW DELHI: The Supreme Court declined to entertain a public interest litigation (PIL) petition that sought the implementation of a social and caste-based census in India.
The decision was made by a Bench comprising Justices Hrishikesh Roy and SVN Bhatti, who emphasized that the matter falls within the realm of policy, an area where the judiciary is generally reluctant to intervene.
Justice Roy expressed the Court’s position clearly when the case was brought up, stating,
“What is this? This is in the domain of governance. What can we do?”
This remark highlighted the Court’s view that the issue of conducting such a census is a governmental responsibility, not one for judicial oversight.
In response, the counsel for the petitioner argued,
“94 countries have done it. India (has) yet to do. Indra Sawhney Judgment says that this has to be done periodically,”
-referring to the significant 1992 Supreme Court judgment that affirmed the necessity of conducting regular assessments related to caste-based reservations.
However, Justice Roy remained firm, asserting,
“Sorry, we are dismissing it. We cannot interfere. This is a policy matter.”
As a result, the petitioner chose to withdraw the plea.
The 1992 Indra Sawhney judgment, often referred to in discussions of caste and social equity, had upheld the constitutionality of reservations for backward castes, while also setting a 50 percent limit on such reservations. This ruling has been reaffirmed in subsequent cases, including the Maratha reservations case in 2021.
The debate over conducting a caste census has been a point of political and social contention in recent years. The Bihar government’s initiative to conduct a caste-based survey was legally challenged, leading to a significant decision by the Patna High Court in August 2023.
The High Court upheld the survey, though the decision was quickly contested in the Supreme Court, where a final judgment is still pending.
Maharashtra also saw efforts to conduct a caste census, particularly under the administration of the then Uddhav Thackeray-led Shiv Sena government.
However, in 2021, the Supreme Court rejected a plea to release the socio-economic and caste census data compiled in 2011, which had not been disclosed due to cited errors. The release of this data was seen as a necessary precursor to conducting a comprehensive caste survey in the state.
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