Bihar caste survey: Only Centre can conduct census, SC told

By  Shgun S August 28th 2023 11:10 PM

Bihar caste survey: Supreme Court on Monday said that no one other than the Union Government can undertake a caste census. In an affidavit, the Centre said that the Census Act of 1948 enables only the government to conduct the census.

The move is a challenge to the Bihar government, which informed the Supreme Court at an earlier hearing that the activity of conducting caste census surveys in Bihar was conducted by August 6 and the data gathered uploaded by August 12.

On August 21, the Supreme Court granted Solicitor General Tushar Mehta, representing the Centre, seven days to file a response on the subject after he stated that the survey could have some consequences.

Tejashwi Yadav, the Deputy Chief Minister of Bihar, has slammed the Centre for filing the affidavit. "They have no knowledge. They only know how to lie and suppress the truth. They have opposed it even in the affidavit. It has been made clear that the BJP does not want it (caste census) and is opposing it. If they support it, then they should conduct it (caste census) across the country," he stated.

Sushil Modi, a senior BJP leader and former Bihar deputy chief minister, stated that his party supports caste censuses but that "under the Census Act, only the Centre can conduct a caste survey."

According to the government, it is committed to making all positive efforts for the "upliftment of SCS/STS/SEBCs and OBCs in accordance with the provisions of the Indian Constitution and applicable law."

A number of petitions have been filed before the Supreme Court challenging the Patna High Court decision maintaining the Bihar Government's order for a caste survey.

During the August 21 hearing, the top Court advised the petitioners that unless they made a prima facie case against the exercise, it would not be stayed.

Earlier, the Patna High Court dismissed petitions challenging the Nitish Kumar government's plan to conduct the caste-based survey. In its 101-page decision, the high court stated, "We find the action of the state to be perfectly valid, initiated with due competence with the legitimate aim of providing development with justice…."

The Bihar caste survey would encompass an estimated 12.70 crore people in 2.58 crore households over 38 districts, 534 blocks, and 261 urban local bodies. Chief Minister Nitish Kumar insists that the caste survey will benefit all sections of society.

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