In a major development, the Patna High Court has put an interim stay on the Bihar government's decision to conduct a caste-based census in the state. The court heard a plea challenging the survey and observed that it amounts to a census, which the state government has no power to carry out. The bench comprising Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad stated that the survey impinges upon the legislative power of the Union Parliament. The court also raised concerns over the government's plan to share data with leaders of different parties in the state assembly, which could potentially violate citizens' right to privacy. The matter will be heard next on July 3. This decision comes after the Supreme Court instructed the Patna High Court to decide and dispose of the interim application of 'Youth for Equality' at the earliest. The Bihar government had launched the caste survey on January 7, 2023, intending to compile data on each family digitally through a mobile application from the panchayat to the district level.
The petitioner has filed a plea seeking to quash the Bihar government's notification on conducting a caste-based census. The petitioner argues that the subject of the census falls under List 1 of the Seventh Schedule of the Constitution of India, which grants the power to conduct census only to the Union government. The petitioner contends that the Census Act of 1948 also supports this argument as it grants various powers only to the central government, such as making rules, appointing census staff, and obtaining information. The petitioner also asserts that the Act does not provide for a caste-based census. One of the petitions also alleges that the state government's notification is unconstitutional and seeks to divide society on caste lines for political gain. It further claims that the move could create social disharmony and harm the unity and integrity of the country.
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TAGS: Patna High Court interim stay caste-based census Bihar Government plea legislative power Union Parliament right to privacy Youth for Equality Supreme Court mobile application Seventh Schedule Constitution of India Census Act 1948 illegal unconstitutional social disharmony unity integrity country petty vote bank politics.
