On 4th May 2023, the Patna Court issued an interim injunction suspending the caste-based census after hearing a petition challenging the Bihar Government’s plan to carry it out throughout the State. The Court stated that a caste-based survey equates to a census, which the State Government is not authorised to conduct, prima facie.
After hearing three petitions, including one from a group called Youth for Equality, the bench of Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad announced their decision. On July 3, the matter would be heard again.
The court said in its order, “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.”
It further 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 decision was announced six days after the Supreme Court sought that the Patna High Court consider, rule on, and absolve the interim petition filed by “Youth for Equality” as soon as possible, preferably within three days of the application’s submission and mention before the High Court’s Chief Justice.
It should be observed that the caste census was introduced by the Bihar government on January 7, 2023. A decision in this regard was taken on 2nd June 2022. A smartphone app would be used to electronically collect data on every family as part of the survey from the panchayat to the district level.
The petitioner essentially wants to invalidate the State Government’s notification on the grounds that only the Union Government has the authority to carry out the census and that the topic of the census is listed in List 1 of the Seventh Schedule of the Indian Constitution.
According to the petition, only the central government has the authority to make rules, appoint census staff, requisition sites for conducting censuses, pay remuneration, the right to acquire data and perform other functions related to requisitioning that are delegated by the central government.
Bihar’s deputy chief minister Tejashwi Yadav said that the government will act on the court’s decision. He said, “This was not a caste-based census. This was a caste-based survey. This is not a first survey or a final survey by the government. But it was wished by all of us including Nitish Kumar, Lalu Prasad Yadav and all the ministers in our government. We all are committed to making this survey happen. It was for the welfare of the people. It was demanded by the people. From this survey, our government wanted to eradicate poverty and backwardsness. We wanted to ensure through this survey that the last person in the society gets the benefits of the government schemes. We wanted to see the financial situation of people through this survey. This survey was not for any particular caste. It was meant for all.”
#WATCH | Bihar Deputy CM Tejashwi Yadav speaks after Patna HC puts a stay on Caste-based census, says, "Caste-based census is for welfare of the people, we want to eradicate poverty, backwardness. One thing is clear, it is bound to happen" pic.twitter.com/GZG7V5m7de
— ANI (@ANI) May 4, 2023
He added, “However, we will study the judgment first and then see what step we can take. But the BJP has always been anti-poor, and anti-reservation. So they must be celebrating today. But, once we get to read the whole judgment, we will put our view on that. One thing is clear. This survey is bound to happen tomorrow if not today. It doesn’t matter whose government is there. Without this survey, the state cannot progress and the poverty and backwardness cannot be eradicated. Looking at this, we all have struggled a lot to do this. Bihar is a poor state. When the central government denied to do it, we were putting in our own resources to do it.”
Tejashwi Yadav further said, “The union government does not give the special status to Bihar. It does not give any special package to Bihar. When we are trying to eradicate poverty and backwardness and take the benefits of the government schemes to the last person in the society on our own, these BJP people are celebrating. They don’t want it to happen. This survey would bring the reality in front of all. We would know who are actually poor, who live in huts and slums, who don’t have any lands, who are doing dirty jobs, what is their financial condition, etc. It is on the basis of this information that the government identifies these people and take the beneficial schemes to their doorstep. It was not about one caste, but it was about everyone. We will act on the court’s decision. We will see.”
BJP leader and former deputy chief minister of Bihar Tarkishore Prasad said, “We were party in that decision when the then NDA government in the state took the decision of caste-based census. It is unfortunate that the Bihar government did not put this matter in front of the honourable high court in a better way. Therefore, the court has ruled in this way.”
#WATCH | It is unfortunate that the Bihar government did not put this issue properly in front of the High Court. Their (Bihar Govt) intention regarding the caste-based census was wrong: Former Deputy CM of Bihar, Tarkishore Prasad on Patna HC's stay on Caste-based census pic.twitter.com/a7hxeCTrw1
— ANI (@ANI) May 4, 2023
He further said, “I allege this Mahagathbandhan government, that they only had some ill-will regarding the caste-based census. Otherwise, the NDA government had taken the decision of the caste-based census. We agree with the caste-based census because we were in the cabinet that took decision in its favour.”
