Patna High Court Reserves Verdict In Pleas Challenging Bihar Govt's Decision To Conduct Caste-Based Survey In State

"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 High Court said.

Significantly, the Chief Justice-led division bench has also called it a matter of 'grave concern' that the Government intends to share Census data with the leaders of different parties of the State Assembly, the ruling party and the opposition party.

"In such circumstances, we direct the State Government to immediately stop the caste-based survey and ensure that the data already collected are secured and not shared with anybody till final orders are passed in the writ petition," the Court ordered.

In addition to oral arguments, the government has also filed an affidavit in response to the writ pleas challenging the caste-based survey, wherein it has been stated thus:

"It is undeniable that this survey is not a census. There may be some similarities but there are glaring differences. These two processes are not congruent. Differences and similarities are less important but the most important legal question is whether the Bihar Caste Based Survey is putting any threat to or obstruction upcoming Census 2021 or not. The answer is a big NO. There is also no infringement of the jurisdiction of the Union of India conferred by The Census Act 1948, as to date, State Government has not received any objection from the Union of India."

On the other hand, Advocate Dinu Kumar, appearing on behalf of the petitioners, submitted before the Court that the state government is conducting a census in the name of  survey, which is not allowed as per the constitution. He argued that a total of five hundred crore rupees are being spent on the survey, without any justification.

Earlier in May, the Supreme Court adjourned the petition filed by the State of Bihar challenging the interim order of the Patna High Court staying the Bihar Government’s decision to conduct a caste-based survey in the State.

A Bench comprising Justice AS Oka and Justice Rajesh Bindal said it would keep the matter pending as the High Court is slated to take it up on 3rd July. It said if for any reason the writ petition is not taken up by the High Court, it will consider the arguments on July 14.