The Supreme Court will hear a plea challenging the legality of the Bihar caste census on Friday. The caste-based census was released on Monday. The matter was brought before a bench consisting of Justices Sanjiv Khanna and SVN Bhatti.
Additional chief secretary of Bihar Vivek Kumar Singh on Monday said, “Backward class in Bihar is 27.13 per cent. The extremely backward class is 36.01 per cent, General category is 15.52 per cent. The total population of Bihar is more than 13 crore.”
The petitioner’s lawyer apprised the court that the Bihar government has already published the caste survey data, prompting concers and legal challenges from various quarters.
Among the petitioners are organisations like Ek Soch Ek Prayas and Youth for Equality, who have contested the legality and authority of the caste-based survey.
The Central Government also entered the legal fray, filing an affidavit with the Supreme Court, emphasizing that the Census Act, 1948, bestows exclusive authority upon the Central Government to conduct census-related activities, ANI reported.
The affidavit reaffirmed the government’s commitment to uplift Scheduled Castes (SCs), Scheduled Tribes (STs), Socially and Educationally Backward Classes (SEBCs), and Other Backward Classes (OBCs) in line with constitutional provisions and applicable laws.
One of the petitions, represented by advocate Tanya Shree on behalf of petitioner Akhilesh Kumar, contested the Patna High Court’s dismissal of pleas challenging the Nitish Kumar government’s decision to conduct the caste-based survey. The High Court’s order was issued on August 1.
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The petitioner had argued that the state of Bihar lacked the constitutional competence to initiate a caste-based survey and usurped the exclusive authority of the Union Government in conducting a census.
The petitioner had highlighted that the Bihar government’s notification dated June 6, 2022, and the subsequent appointment of a District Magistrate for supervision violate constitutional provisions, including the distribution of powers between the state and the union, ANI reported.
The petitioner contended that the entire exercise is without legislative competence and is riddled with malafide intentions. In addition to this, the petitioner underscored that only the Union Government possesses the authority to conduct a census in India, rendering the Bihar government’s notification null and void.
Also Read: Bihar caste census 2023 report: 63% Other Backward Classes, 16% population in General category
The Patna High Court had previously dismissed similar pleas contesting the caste-based survey ordered by the Nitish Kumar administration.