Caste Based Census: A necessity or a mere Political Agenda?

With the Patna High Court granting stay on the on-going caste survey/census

in Bihar, today, one needs to ponder whether the caste-based survey is a

necessity or a mere political stunt and will do more harm than good.

Historical Background: -

The first caste-based Survey in India was conducted in the year 1881 and

the last one in the year 1931. In independent India, caste sensitive data was

collected by the Central government on 2022, though the same has not been

relied/published by Central Government due to lack of its credibility.

The Controversy: -

The State of Bihar on June 6th, 2022 notified that it would be conducting case

based survey in the State, without giving any rationale/ objective that such a

survey sought to achieve.

Given the background of India’s tryst with the caste system and a polity which

is hugely influenced and at times divided on caste lines, it becomes

imperative to analyses as to whether caste-based survey is tenable in law,

especially when conducted by the States.

The supporters of caste-based survey/Census argue that it is much needed

for the purposes of implementation of reservations ranging from educational

institutions to job opportunity. It needs to be ascertain if benefit of reservation

is being realised by the people for whom it is meant to be. Those, who

oppose it, argue that such a survey will do more harm than good and it will

be a tool in the hands of political parties to further divide the society for vote

bank.

Given this background, it needs to be seen as to whether the actions of Bihar

Government is legally sustainable.

In terms of Constitutional mandate, only the Union Government is

empowered to conduct Census. The Constitutional mandate of distribution

of legislative power between the States and Union under Article 246 read

with the three lists enumerated under VIIth Schedule makes it clear that

Parliament has exclusive power to make laws with respect to all the matters

enumerated in List I notwithstanding anything in Clause (2) and (3) of Article

246, The State Legislatures have exclusive powers to make laws with

respect to any of the matters enumerated in List II, but this is subject to

Clauses (1) and (2) of Article 246. The object of this subjection is to make

Parliamentary legislation on matters in Lists I and III paramount. In the

present case, Census is enumerated at Entry 69 of List 1. Therefore, only

the Union has the authority to conduct Census in India and the State

Government had no authority to decide and notify the conduct of caste-based

survey in State. Thus, the actions of Bihar Government in notifying caste

based census is wholly illegal and not sustainable in law and are not based

on Constitutional Scheme of distribution of power between the State and

Union.

The Article has been written by Tanya Shree , (AOR) Supreme Court of India