Supreme Court Scheduled to Address Bihar Caste Census Issue on October 6

The Supreme Court of India has said that it will take up for hearing on October 6 the matter of the caste census in Bihar after the petitioner’s lawyer mentioned before the apex court that the Bihar Government had published caste survey data. The matter was brought before a bench consisting of Justices Sanjiv Khanna and SVN Bhatti. The petitioner’s lawyer apprised the court that the Bihar Government has already published the caste survey data, prompting concerns and legal challenges from various quarters.
Among the petitioners are organizations like Ek Soch Ek Prayas and Youth for Equality, who have contested the legality and authority of the caste-based survey.

The Central Government also entered the legal fray, filing an affidavit with the Supreme Court, emphasizing that the Census Act, 1948, bestows exclusive authority upon the Central Government to conduct census-related activities.

The affidavit reaffirmed the government’s commitment to uplift Scheduled Castes (SCs), Scheduled Tribes (STs), Socially and Educationally Backward Classes (SEBCs), and Other Backward Classes (OBCs) in line with constitutional provisions and applicable laws.

One of the petitions, represented by advocate Tanya Shree on behalf of petitioner Akhilesh Kumar, contested the Patna High Court’s dismissal of pleas challenging the Nitish Kumar government’s decision to conduct the caste-based survey. The High Court’s order was issued on August 1.

The petitioner had argued that the state of Bihar lacked the constitutional competence to initiate a caste-based survey and usurped the exclusive authority of the Union Government in conducting a census.
The petitioner had highlighted that the Bihar government’s notification dated June 6, 2022, and the subsequent appointment of a District Magistrate for supervision violate constitutional provisions, including the distribution of powers between the state and the union.

The petitioner contended that the entire exercise is without legislative competence and is riddled with malafide intentions.

The petitioner underscored that only the Union Government possesses the authority to conduct a census in India, rendering the Bihar State Government’s notification null and void.
The Patna High Court had previously dismissed similar pleas contesting the caste-based survey ordered by the Nitish Kumar administration.

The survey aims to collect data related to people of all castes, sub-castes, and socioeconomic conditions, covering an estimated population of 12.70 crores across 38 districts in Bihar.