Appeal in SC against Patna HC verdict upholding Bihar caste survey

The plea contended that the caste-based survey notification is against the constitutional mandate of distribution of powers between the state and the Union legislature as enshrined under Article 246 of the Constitution. -- Reports ETV Bharat's Sumit Saxena.

New Delhi:An appeal has been filed in the Supreme Court challenging the Patna High Court decision to uphold the Bihar caste survey being undertaken by the state government.

The plea said the state of Bihar lacked the competence to notify caste-based survey vide notification dated June 6th, 2022. The plea said, “In terms of Constitutional mandate, only the Union Government is empowered to conduct Census. In the present case, the State of Bihar has sought to usurp the powers of the Union of India, by merely publishing a notification in the official gazette”.

The plea contended that the caste-based survey notification is against the constitutional mandate of distribution of powers between the state and the Union legislature as enshrined under Article 246 of the Constitution. The plea, filed by one Akhilesh Kumar, contended that the entire exercise of conducting census by the state of Bihar is without authority and legislative competence and "reeks of malafide".

“That the Notification dated June 6th, 2022 is against the Constitutional mandate of distribution of powers between the State and the Union legislature as enshrined under Article 246 of the Constitution read with Schedule VIIth of the Constitution and ultravires the Census Act, 1948 read with Census Rules, 1990”, said the plea, seeking a direction to set aside the state government notification.

In its August 1 judgment, the high court noted that the state's decision to undertake the caste survey was perfectly valid and initiated with due competence and a legitimate aim of providing development with justice. A bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy observed that the caste status sought to be collated is not intended at taxing, branding, labeling or ostracizing individuals or groups.

The bench said it is to identify the economic, educational and other social aspects of different communities/classes/groups, which require further action by the State for its upliftment.