An appeal has been filed in the Supreme Court against the Patna High Court decision to uphold the Bihar Caste Survey being undertaken by the State government..The High Court had found the State's decision to undertake the caste survey perfectly valid and initiated with due competence and a legitimate aim of providing development with justice.In its August 1 judgment, a Bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy observed,"The caste status sought to be collated is not intended at taxing, branding, labeling or ostracizing individuals or groups; but 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.".The Court had added that the actual survey does not contemplate any coercion to divulge details and that the action passes the test of proportionality. It, therefore, had ruled that the proposed move does not violate the individual's right to privacy since it is in furtherance of a compelling public interest and a legitimate State interest..Details of the appealThe plea before the top court, filed through advocates Tanya Shree and drafted by advocate Barun Kumar Sinha, states that the State government 'usurped' the powers of the Union government by its move."The entire exercise of conducting Census by the State of Bihar is without authority and legislative competence and reeks of malafide ... It is evident from bare perusal of Rule 6A of the Census Rules, 1990 that only the Central Government is authorized to publish the notification in the Official Gazette to declare the date of commencement of Census".It is stressed that the Bihar Contingency Act, of 1950 does not empower the State government to allocate funds for any caste-based surveys. Therefore, the appellant (one Akhilesh Kumar) also seeks an interim stay on the caste survey under way..The survey is being carried out in two phases. The first phase, under which a household counting exercise was taken up, was conducted by the State government in January this year.The second phase of the survey commenced on April 15, focusing on gathering data related to people's caste and socio-economic conditions. The entire process was scheduled to be completed by May this year..However, on May 4, a single-judge bench of the High Court stayed the caste census.The bench had passed the order on three petitions. It found that the survey was actually a census, which can only be carried out by the Central government."We find that the caste-based survey is a census in the garb of a survey; the power to carry out which is exclusively on the Union Parliament which has also enacted a Census Act, 1948," the Court had said at the time.Subsequently, the Bihar government moved the Supreme Court against the High Court order of stay.The top court, however, refused to lift the interim stay, and asked the State government to approach the High Court.The matter was finally heard by a Division Bench of the High Court, which proceeded to dismiss the challenge on August 1.
An appeal has been filed in the Supreme Court against the Patna High Court decision to uphold the Bihar Caste Survey being undertaken by the State government..The High Court had found the State's decision to undertake the caste survey perfectly valid and initiated with due competence and a legitimate aim of providing development with justice.In its August 1 judgment, a Bench of Chief Justice K Vinod Chandran and Justice Partha Sarthy observed,"The caste status sought to be collated is not intended at taxing, branding, labeling or ostracizing individuals or groups; but 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.".The Court had added that the actual survey does not contemplate any coercion to divulge details and that the action passes the test of proportionality. It, therefore, had ruled that the proposed move does not violate the individual's right to privacy since it is in furtherance of a compelling public interest and a legitimate State interest..Details of the appealThe plea before the top court, filed through advocates Tanya Shree and drafted by advocate Barun Kumar Sinha, states that the State government 'usurped' the powers of the Union government by its move."The entire exercise of conducting Census by the State of Bihar is without authority and legislative competence and reeks of malafide ... It is evident from bare perusal of Rule 6A of the Census Rules, 1990 that only the Central Government is authorized to publish the notification in the Official Gazette to declare the date of commencement of Census".It is stressed that the Bihar Contingency Act, of 1950 does not empower the State government to allocate funds for any caste-based surveys. Therefore, the appellant (one Akhilesh Kumar) also seeks an interim stay on the caste survey under way..The survey is being carried out in two phases. The first phase, under which a household counting exercise was taken up, was conducted by the State government in January this year.The second phase of the survey commenced on April 15, focusing on gathering data related to people's caste and socio-economic conditions. The entire process was scheduled to be completed by May this year..However, on May 4, a single-judge bench of the High Court stayed the caste census.The bench had passed the order on three petitions. It found that the survey was actually a census, which can only be carried out by the Central government."We find that the caste-based survey is a census in the garb of a survey; the power to carry out which is exclusively on the Union Parliament which has also enacted a Census Act, 1948," the Court had said at the time.Subsequently, the Bihar government moved the Supreme Court against the High Court order of stay.The top court, however, refused to lift the interim stay, and asked the State government to approach the High Court.The matter was finally heard by a Division Bench of the High Court, which proceeded to dismiss the challenge on August 1.
