The Supreme Court on Friday refused to hear the pleas challenging the Bihar government's decision to conduct a caste-based census across the state. The court, however, granted liberty to petitioners to approach the concerned High Court and seek appropriate remedies as per law.
The order came while the court was hearing the PIL petition filed against the decision of the Nitish Kumar government to conduct a caste census in Bihar.
Reacting to the order, Bihar Deputy CM told ANI, "The petition was only for publicity. The Supreme Court has said that as long as a survey doesn't happen, how can it be known who should be given a reservation? It's a victory for the Bihar government. We welcome this order."
What The Plea Sought
The petition was filed by one Akhilesh Kumar, a social worker from Nalanda, contending that this decision fell under the domain of the Union government. The plea sought quashing of the notification issued by the deputy secretary, government of Bihar, in connection with the caste survey and to refrain the authorities concerned from conducting the exercise.
It added that there is no provision in the Constitution regarding caste configuration.
The plea, which has been drawn by advocate Barun Kumar Sinha, argued that the move was also against the basic structure of the Constitution, besides being "illegal, arbitrary, irrational, discriminatory and unconstitutional".
It further contended that according to Section-3 of the Census Act, 1948, the Centre is empowered to take census in the whole or any part of the territory of India.
The plea added that the scheme of Census Act, 1948, establishes that caste census is not contemplated in the law and the state government has no authority in law to conduct caste census.
It claimed that the notification dated June 6, 2022, violated Article 14 of the Constitution, which provides for equality before law and equal protection of the law.
"The state government by executive orders cannot conduct caste census in the absence of legislation on the subject.The impugned notification for caste census in the State of Bihar lacks statutory flavour and constitutional sanction," it said.
Caste Census In Bihar
The much-talked-about caste census began in Bihar on January 7. The first phase of the census will culminate on January 21 while the second phase will start on 1st April this year. A total amount of around Rs 500 crore will be spent on the exercise.
Speaking on the census, Patna DM earlier said, "We've started the caste survey today, first phase will be held from Jan 7 to Jan 21. The second phase will be held in April in which information related to socio-economics will be taken. There are a total of 20 lakh families in Patna, which will be counted in 1st phase."
Seen as a strong move to woo voters of different castes, the census was heavily debated in Bihar. It is also one of the reasons why JD(U) broke its alliance with BJP last year and formed a coalition government in the state with its old rival-cum-political partner, RJD.
Both CM Nitish Kumar and Deputy CM Tejashwi Yadav have been backing the cause of the caste census asserting it will help them form better welfare schemes for the people of different castes in the state.
Talking to the news agency ANI, Bihar Deputy CM Tejashwi Yadav said, “Caste-based survey will start in Bihar from today. It will give us scientific data so that budget and social welfare schemes can be made accordingly. BJP is anti-poor. They don't want this to happen.”
First Phase: In the first phase, which will be over by January 21, the number of all households in the state will be counted.
Second Phase: In the next phase, data pertaining to people of all castes, sub-castes, and religions will be collected.