[Caste Census] Karnataka HC Asks State Whether It Has Socio-Economic & Education Survey Based Report Prepared By Backward Classes Commission

The Karnataka High Court on Friday directed the State to file an affidavit stating whether it has received a report about the Socio-economic and Education Survey, and Caste census report prepared by the Karnataka State Commission for Backward Classes.

A division bench of Chief Justice N V Anjaria and Justice T G Shivashankare Gowda said:

“When petitions came up for consideration the Senior Counsel G R Gurumath (for petitioners) made a statement before the court that the Chairman of the Backward Class Commission has already submitted the caste survey report to the Chief Minister. As the responsible statement is made by the Senior Counsel, the court calls upon the respondent appearing through government advocate to confirm or otherwise, the factum of the submission made. The AGA should inform the necessary facts on affidavit by Tuesday.”

During the hearing, it was submitted that only the Central Government was empowered to carry out the census.

However, it was added that the State government has done so by amending the provisions of the Karnataka State Backward Class Commission Act, 1995.

It was submitted that the Act has only one role to play, under Section 9 whereby it can receive complaints either for the inclusion or exclusion of a backward class from the list of backward classes. Even the amendment to Section 9 made in the year 2014, does not empower the caste census it only says social-economic survey, it was stated.

Court was informed that the Union of India had filed a statement of objection supporting the petitioner's case saying that the petition may be allowed on the ground that Articles 244 and 246 of the Constitution of India empower the Union of India to conduct such a survey, and that the State Government has no Constitutional competence to do the same.

Further, it was argued that the Backward Class Commission submitted the report yesterday (February 29, 2024) after 10 years and all the TV channels and Newspapers had reported that the census report was submitted and the government had received it.

The government advocate disagreed with the petitioner's submissions and requested the Court for an extension of time for collecting all relevant information. 

The plea challenges the order passed by the State Government on 23rd January 2014 directing a caste-wise social survey to be undertaken by the Karnataka State Commission for Backward Classes.

The second challenge is to the constitutional validity of substituted clause (i) of sub-section (1) of Section 9 of the Karnataka State Commission for Backward Classes Act, 1995.

The substituted clause (i) provides that one of the functions of the Karnataka State Commission for Backward Classes constituted under Section 3 of the Backward Classes Act is to make a survey of the social and educational conditions of people of the State, to identify the classes of people who lagged behind socially and educationally and to make recommendation to the State Government for taking necessary actions.

Case Title: Shivraj Kanshetty & Others AND Union of India & Others

Case No: Writ Petition No 9258 of 2015

Appearance: Senior Advocate G R GURUMATH for Petitioner.

Deputy Solicitor General Shanthi Bhushan H for R1.