Centre Withdraws Affidavit In SC Opposing Bihar Caste Census, Says 'Inadvertent Error'

Bihar Caste Survey: Calling it an 'inadvertent error', The Centre has withdrawn its affidavit that said the state government cannot conduct any action akin to the census.

Enumerator staff receive information from residents during the second phase of caste census in Patna on April 15, 2023.

Source : PTI

Bihar Caste Census: In a fresh development, the Central government has withdrawn its affidavit in the Supreme Court which said "No other body under the Constitution or otherwise is entitled to conduct the exercise of either census or any action akin to census", reported Live Law. The Centre submitted a second affidavit in the court on Monday evening stating that a paragraph had "inadvertently crept in", which now stands withdrawn. 

"It is submitted that the Central Government has filed an Affidavit in the morning today. In the said Affidavit, inadvertently, para 5 has crept in. The said affidavit, therefore, stands withdrawn and this present Affidavit will be the Affidavit on behalf of the Central Government", the latest affidavit stated, as quoted by Live Law. 

However, the new affidavit retained that a census is a statutory process governed by the Census Act of 1948, which was enacted in the exercise of the powers under Entry 69 of List I of the Constitution's Seventh Schedule. According to Live Law, it said that the Act empowers only the Central Government to conduct the Census.  

"The central government is committed 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," it further added. 

Meanwhile, reacting to Centre's affidavit that only it can conduct any action akin to census, Bihar minister Vijay Kumar Chaudhary said, "The point is that central government wants to stop Bihar government from conducting the caste-based survey. People know that only Centre has the right to conduct a census. No one is arguing that, but they also know that it is not being carried out."

VIDEO | "The point is that central government wants to stop Bihar government from conducting the caste-based survey. People know that only Centre has the right to conduct a census. No one is arguing that, but they also know that it is not being carried out," says Bihar minister… pic.twitter.com/c10VdVg16Q

— Press Trust of India (@PTI_News) August 29, 2023

Earlier this month, the Patna High Court lifted its stay on the caste survey that was being conducted by the Nitish Kumar-led Bihar government. The High Court had ordered an interim stay on May 4. 

An HC bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy delivered the verdict on various petitions challenging the caste-based survey. 

"The (Patna) High Court has dismissed all petitions (against caste census). We will challenge the verdict in Supreme Court," advocate Dinu Kumar, representing the petitioners, told PTI. 

Notably, the first round of caste census was conducted between January 7 and 21. The second round started on April 15 and was supposed to continue till May 15.