Bihar caste census challenged in apex court; hearing on January 20

New Delhi, January 11

Four days after the Bihar Government launched a caste-based head count in the state, a PIL in the Supreme Court challenged it on the ground that the census was not a state subject under the Constitution.

Filed by one Akhilesh Kumar of Nalanda, the petition was mentioned for urgent hearing before a Bench led by Chief Justice of India DY Chandrachud, which agreed to take it up on January 20.

The petitioner sought the quashing of a June 2022 Bihar Government notification for a caste census in the state mainly on the ground that the subject of census fell in List 1 (Union List) of the Seventh Schedule of the Constitution and only the Centre had the power to hold the exercise. He also contended the Census Act, 1948, did not contemplate a caste-based census.

“It is evident from Section 3 of the Census Act, 1948, that it is the Union Government which is empowered to undertake the census in the whole or any part of the territory of India… it is also clear that caste census is not contemplated in the Act,” the petition stated. Launched on January 7, the caste survey is aimed at compiling data on each family digitally through a mobile app in the survey from panchayat to the district level.

However, the petitioner submitted since the Representation of the People Act prohibits election to Parliament or state Assemblies on the basis of religion or caste, legislators or political parties are prohibited from raising caste-based issues. The caste-based headcount will be conducted across all 38 districts in two stages.

In the first phase, which will be over by January 21, the number of all households in the state will be counted. The second phase, which is likely to be held from April 1 to 30, will collect data pertaining to people of all castes, sub-castes, socioeconomic conditions, etc. The survey would cover an estimated population of 12.70 crore in over 2.58 crore households in 38 districts, which have 534 blocks and 261 urban local bodies. (With agency inputs)

It’s not census but survey: Tejashwi

Patna: After a petition was filed in the SC against the Bihar Government’s decision to conduct a caste census, Deputy Chief Minister Tejashwi Yadav said it was not a “caste census but a caste-based survey”. “It will provide data on the financial condition of people. Our aim is to know the ground reality. If it is wrong, then all types of counting, be it of Hindus, Muslims, SC, ST and animals, are wrong. It was unanimously passed in the Assembly by all parties, including the BJP,” he said. ANI