BREAKING | Patna High Court Puts An Interim Stay On State Govt's Decision To Conduct Caste-Based Census In Bihar

Hearing a plea challenging the Bihar Government’s decision to conduct a caste-based census in the State, the Patna Court today, in an interim order, stayed the census.

The Court prima facie said that caste-based survey amounts to a census which the State Government has no power to carry out.

"Prima facie, we are of the opinion that the State has no power to carry out a caste-based survey, in the manner in which it is fashioned now, which would amount to a census, thus impinging upon the legislative power of the Union Parliament", the Court said.

"We also see from the notification issued that the Government intends to share data with the leaders of different parties of the State Assembly, the ruling party and opposition party which is also a matter of great concern", the Court observed while saying that right to privacy is also an issue which arises in the case.

The bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad gave its verdict today after hearing the three pleas filed before including the one filed by an organisation named Youth for Equality. The matter would be heard next on July 3.

The decision came 6 days after the Supreme Court asked the Patna High Court to consider, decide and dispose of the interim application of 'Youth for Equality' at the earliest, preferably within a period of 3 days of filing of the application and mentioning of the same before the Chief Justice of the High Court.

It may be noted that the Bihar Government launched the caste survey on January 7, this year. The plan is to compile data on each family digitally through a mobile application in the survey from the panchayat to the district level. 

The petitioner, essentially, seek to quash the State Government’s notification on the ground that the subject of the census falls in List 1 of the Seventh Schedule of the Constitution of India and only the Union Government is contemplated to conduct the census.

The petition avers that as per the broad scheme of the Census Act 1948, only the central government has the power to make rules, appoint Census Staff, requisition premises for taking censuses, payment of compensation, power to obtain information, a delegation of functions of the Central Government with regard to requisitioning, etc.

It further argues that the Census Act of 1948 does not contemplate a caste-based census. The government notification was assailed on the ground that it "violated the basic structure of the Constitution".

Significantly, another argument raised in one of the petitions is that the State government's notification is illegal and unconstitutional and the same is an attempt to strike at the unity and integrity of the country and to create social disharmony among the people on caste lines for petty vote bank politics.

Case title - Youth For Equality & Ors. vs. The State of Bihar & Ors. along with connected pleas.

Case Citation:

Click Here To Read/Download Order