The Bihar Government revealed to the Supreme Court on Friday that it had concluded the process of conducting surveys for the caste census in the state by August 6. The announcement was made in response to petitions challenging the Patna High Court’s decision to uphold the caste survey initiated by the Bihar Government.
During the court proceedings, the petitioner’s lawyer sought a stay on the publication of the caste survey results, arguing against the validity of the survey. However, a bench consisting of Justices Sanjiv Khanna and SVN Bhatti declined to issue a stay on the surveys, stating that such a move would require a prima facie case warranting such action.
Senior Advocate CS Vaidyanathan, representing the petitioner, contended that the caste survey in Bihar was conducted based on an executive order and lacked proper authority. The court engaged in a thorough discussion of the arguments presented, ultimately adjourning the case for further hearing on August 21.
Various petitions challenging the Patna High Court’s decision to uphold the caste survey ordered by the Bihar Government have been filed in the Supreme Court. Among the petitioners are organizations like Ek Soch Ek Prayas and Youth for Equality, as well as individuals such as Akhilesh Kumar.
One petitioner, Akhilesh Kumar, challenged the Patna High Court’s ruling on the grounds that the State of Bihar lacked the constitutional competence to conduct a caste-based survey. The petitioner argued that only the Union Government possesses the authority to conduct a Census, while the State of Bihar overstepped its bounds by issuing a notification for the caste survey.
The petitioner emphasized that the notification dated June 6, 2022, which authorized the caste-based survey, contradicts the constitutional distribution of powers between the State and the Union as specified in Article 246 of the Constitution. The petitioner further asserted that the notification is in violation of the Census Act, 1948, and Census Rules, 1990, rendering it null and void.
The caste survey, initiated by the Bihar cabinet on June 2 last year, aims to collect data related to various castes, sub-castes, socioeconomic conditions, and more. Despite the Central Government ruling out a caste-based census during the general Census, the Bihar Government proceeded with the survey. The survey is expected to encompass a population of approximately 12.70 crores residing in 38 districts, comprising 534 blocks and 261 urban local bodies.
